District Of Columbia § 22-3104 - Affirmative defenses.

Full text of District Of Columbia D.C. Code § 22-3104 — Affirmative defenses., with citation guidance and answers to common questions.

§ 22-3104. Affirmative defenses.

22-3104
(a)

Under this chapter it shall be an affirmative defense that the defendant in good faith reasonably believed the person appearing in the performance was 18 years of age or over.

(b)
(1)

Except as provided in paragraph (2) of this subsection, in any prosecution for an offense pursuant to it shall be an affirmative defense that the person so charged was:

(A)

A librarian engaged in the normal course of his or her employment; or

(B)

A motion picture projectionist, stage employee or spotlight operator, cashier, doorman, usher, candy stand attendant, porter, or in any other nonmanagerial or nonsupervisory capacity in a motion picture theater.

(2)

The affirmative defense provided by paragraph (1) of this subsection shall not apply if the person described therein has a financial interest (other than his or her employment, which employment does not encompass compensation based upon any proportion of the gross receipts) in:

(A)

The promotion of a sexual performance for sale, rental, or exhibition;

(B)

The direction of any sexual performance; or

(C)

The acquisition of the performance for sale, retail, or exhibition.

(c)

It shall be an affirmative defense to a charge under that the defendant:

(1)

Possessed or accessed less than 6 still photographs or one motion picture, however produced or reproduced, of a sexual performance by a minor; and

(2)

Promptly and in good faith, and without retaining, copying, or allowing any person, other than a law enforcement agency, to access any photograph or motion picture:

(A)

Took reasonable steps to destroy each such photograph or motion picture; or

(B)

Reported the matter to a law enforcement agency and afforded that agency access to each such photograph or motion picture.

Annotations

Source: official District Of Columbia text · Last verified 2026-08-27

Frequently Asked Questions About District Of Columbia § 22-3104

What does D.C. Code § 22-3104 cover?

Section 22-3104 ("Affirmative defenses.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite District Of Columbia § 22-3104?

A common citation format is "D.C. Code § 22-3104" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of District Of Columbia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.

How does District Of Columbia § 22-3104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.