N.Y. PEN Law § 235.23

§ 235.23 Disseminating indecent material to minors; presumption and\ndefenses.\n 1. A person who engages in the conduct proscribed by section 235.21 is\npresumed to do so with knowledge of the character and content of the\nmaterial sold or loaned, or the motion picture, show or presentation\nexhibited or to be exhibited.\n 2. In any prosecution for disseminating indecent material to minors in\nthe second degree pursuant to subdivision one or two of section 235.21\nof this article, it is an affirmative defense that:\n (a) The defendant had reasonable cause to believe that the minor\ninvolved was seventeen years old or more; and\n (b) Such minor exhibited to the defendant a draft card, driver's\nlicense, birth certificate or other official or apparently official\ndocument purporting to establish that such minor was seventeen years old\nor more.\n 3. In any prosecution for disseminating indecent material to minors in\nthe second degree pursuant to subdivision three of section 235.21 of\nthis article or disseminating indecent material to minors in the first\ndegree pursuant to section 235.22 of this article, it shall be a defense\nthat:\n (a) The defendant made a reasonable effort to ascertain the true age\nof the minor and was unable to do so as a result of actions taken by the\nminor; or\n (b) The defendant has taken, in good faith, reasonable, effective and\nappropriate actions under the circumstances to restrict or prevent\naccess by minors to materials specified in such subdivision, which may\ninvolve any appropriate measures to restrict minors from access to such\ncommunications, including any method which is feasible under available\ntechnology; or\n (c) The defendant has restricted access to such materials by requiring\nuse of a verified credit card, debit account, adult access code or adult\npersonal identification number; or\n (d) The defendant has in good faith established a mechanism such that\nthe labelling, segregation or other mechanism enables such material to\nbe automatically blocked or screened by software or other capabilities\nreasonably available to responsible adults wishing to effect such\nblocking or screening and the defendant has not otherwise solicited\nminors not subject to such screening or blocking capabilities to access\nthat material or to circumvent any such screening or blocking.\n