§ 5-68-308 — Defenses

(a) No employee is liable to prosecution under this subchapter for promoting or possessing with intent to promote any obscene motion picture if the employee is acting within the scope of his or her regular employment. (b) (1) As used in subsection (a) of this section, "employee" means any person regularly employed by an owner or operator of a motion picture theater if the person: (A) Has no financial interest other than salary or wages in the ownership or operation of the motion picture theater; (B) Has no financial interest in or control over the selection of a motion picture shown in the theater; and (C) Is working within the motion picture theater where he or she is regularly employed. (2) However, "employee" does not include a manager of a motion picture theater. (c) No employee, director, or trustee of a bona fide museum, acting within the scope of his or her regular employment, is liable to prosecution for a violation of this subchapter for disseminating a writing, film, slide, drawing, or other visual reproduction that is claimed to be obscene.

Legislative History

Amended by Act 2023, No. 372,§ 2, eff. 8/1/2023. Acts 1981 (Ex. Sess.), No. 28, § 8; A.S.A. 1947, § 41-3585.7.