2014 New York Laws
PEN - Penal
Part 3 - SPECIFIC OFFENSES
Title M - OFFENSES AGAINST PUBLIC HEALTH AND MORALS
Article 235 - (235.00 - 235.24) OBSCENITY AND RELATED OFFENSES
235.24 - Disseminating indecent material to minors; limitations.

235.24 Disseminating indecent material to minors; limitations.
In  any  prosecution  for disseminating indecent material to minors in
  the second degree pursuant to subdivision three  of  section  235.21  of
  this  article  or disseminating indecent material to minors in the first
  degree pursuant to section 235.22 of this article:
1. No person shall be held to have violated such provisions solely for
  providing access or connection to or from a facility, system, or network
  not under that person's control,  including  transmission,  downloading,
  intermediate  storage,  access  software,  or other related capabilities
  that are incidental to providing such access or connection that  do  not
  include the creation of the content of the communication.
(a)  The  limitations  provided  by  this  subdivision  shall  not  be
  applicable to a person who is a  conspirator  with  an  entity  actively
  involved  in the creation or knowing distribution of communications that
  violate such provisions, or who knowingly advertises the availability of
  such communications.
(b)  The  limitations  provided  by  this  subdivision  shall  not  be
  applicable  to a person who provides access or connection to a facility,
  system, or network engaged in the violation of such provisions  that  is
  owned or controlled by such person.
2.  No  employer  shall  be  held liable under such provisions for the
  actions of an employee or agent unless the employee's or agent's conduct
  is within the scope of his employment or agency and the employer  having
  knowledge  of  such  conduct,  authorizes  or  ratifies such conduct, or
  recklessly disregards such conduct.