In a prosecution for [using a minor in a sexual performance] [promoting or directing an obscene sexual performance by a minor] [promoting a sexual performance by a minor] [possessing certain materials prohibited], it is an affirmative defense that:

1) The Defendant in good faith reasonably believed the person appearing in the performance was eighteen years of age or older;

2) The material or performance involved was [disseminated] [presented] for a bona fide [medical] [scientific] [educational] [religious] [governmental] [judicial] or other appropriate purpose by or to a [physician] [psychologist] [sociologist] [scientist] [teacher] [person pursuing bona fide studies or research] [librarian] [member of the clergy] [prosecutor] [judge] [other person having a similar interest in the material or performance]; or

3) The defendant had no financial interest in promoting a sexual performance by a minor, other than employment in a theater, which employment does not include compensation based upon any proportion of the receipts arising from promotion of the sexual performance, and that person was in no way responsible for acquiring the material for [sale] [rental] [exhibition].

DEFINITIONS [Insert relevant definitions. NDCC 12.1-27.2-01]

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