US Laws, Codes, Statutes & Cases

                                  TITLE  18
                            CRIMES AND PUNISHMENTS
                                  CHAPTER 41
                           INDECENCY AND OBSCENITY
    18-4102.  AFFIRMATIVE DEFENSE. It is not innocent but calculated
purveyance which is prohibited. This act shall not apply to any persons who
may possess or distribute obscene matter or participate in conduct otherwise
proscribed by this act when such possession, distribution, or conduct occurs:
    (A)  within the scope of employment of law enforcement and judicial
activities; or
    (B)  within the scope of employment of bona fide school, college,
university, museum or public library activities or within the scope of
employment of such an organization or a retail outlet affiliated with and
serving the educational purposes of such an organization; or
    (C)  within the scope of employment as a moving picture machine operator,
assistant operator, usher, or ticket taker in a motion picture theater in
connection with a motion picture film or show exhibited in such theater, if
such operator or assistant operator has no financial interest in the motion
picture theater wherein he is so employed other than his wages received or
owed, and such person consents to give testimony regarding such employment in
all judicial proceedings brought under this act, when granted immunity by the
trial judge; or
    (D)  under like circumstances of justification where the possession,
distribution or conduct possesses serious literary, artistic, political or
scientific value.
    If this issue is not presented by the prosecution's evidence, the
defendant may raise the same as an affirmative defense by presenting some
evidence thereon. Where raised, the prosecution must sustain the burden of
proving the defendant guilty beyond a reasonable doubt as to that issue.