A. Legitimate Scientific Or Educational Purpose: It shall be a defense in any prosecution for a violation of section 5-5-2 of this chapter that the act charged was displayed, presented or disseminated to a minor at a recognized and established school, church, museum, medical clinic, hospital, public library, governmental agency, and was committed in aid of legitimate scientific or education purpose.
B. Telephone Or Telephone Facilities: It shall be a defense in any prosecution for a violation of section 5-5-2 of this chapter that a person who knowingly or negligently distributed any material harmful to minors by the use of telephones or telephone facilities to any minor, that the defendant had taken either of the following measures to restrict access to material harmful to minors by persons under eighteen (18) years of age:
1. Required the person receiving the harmful matter to use an authorized access or identification code, as provided by the information provider, before transmission of the material harmful to minors begins, where the defendant previously has issued the code by mailing it to the applicant after taking reasonable measures to ascertain that the applicant was eighteen (18) years of age or older and has established a procedure to immediately cancel the code of any person after receiving notice, in writing or by telephone, that the code has been lost, stolen, or used by persons under the age of eighteen (18) years, or that the code is no longer desired.
2. Required payment by credit card before transmission of the matter. (Ord. 249, 1-1998)