Section 311.8 Of Chapter 7.5. Obscene Matter From California Penal Code >> Title 9. >> Part 1. >> Chapter 7.5.
311.8
. (a) It shall be a defense in any prosecution for a violation
of this chapter that the act charged was committed in aid of
legitimate scientific or educational purposes.
(b) It shall be a defense in any prosecution for a violation of
this chapter by a person who knowingly distributed any obscene matter
by the use of telephones or telephone facilities to any person under
the age of 18 years that the defendant has taken either of the
following measures to restrict access to the obscene matter by
persons under 18 years of age:
(1) Required the person receiving the obscene matter to use an
authorized access or identification code, as provided by the
information provider, before transmission of the obscene matter
begins, where the defendant has previously issued the code by mailing
it to the applicant therefor after taking reasonable measures to
ascertain that the applicant was 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 18 years or
that the code is no longer desired.
(2) Required payment by credit card before transmission of the
matter.
(c) Any list of applicants or recipients compiled or maintained by
an information-access service provider for purposes of compliance
with subdivision (b) is confidential and shall not be sold or
otherwise disseminated except upon order of the court.