s. 70 (2) It is a defence to a prosecution for an offence against subsection (1) to prove— S. 70(2)(a) (a) in the case of— amended by No. 6/2005 (i) a film; or ss 12(4), 13(3). (ii) a photograph contained in a publication; or (iii) a computer game— that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+; or (b) that the film, photograph, publication or computer game possesses artistic merit or is for a genuine medical, legal, scientific or educational purpose; or S. 70(2)(c) (c) that the accused believed on reasonable amended by grounds that the minor was aged 18 years or Nos 20/2004 s. 6(1), older or that he or she was married to the 68/2009 minor; or s. 97(Sch. item 40.5). S. 70(2)(d) (d) that the accused made the film or took the amended by photograph or was given the film or No. 68/2009 s. 97(Sch. photograph by the minor and that, at the time item 40.5). of making, taking or being given the film or photograph, the accused was not more than 2 years older than the minor was or appeared to be; or S. 70(2)(e) (e) that the minor or one of the minors depicted amended by in the film or photograph is the accused. No. 68/2009 s. 97(Sch. item 40.5).
(2) It is a defence to a prosecution for an offence against subsection (1) to prove— S. 70(2)(a) amended by No. 6/2005 ss 12(4), 13(3). (a) in the case of— (i) a film; or (ii) a photograph contained in a publication; or (iii) a computer game— that at the time of the alleged offence the film, publication or computer game was classified other than RC or X or X 18+ or would, if classified, be classified other than RC or X or X 18+; or (b) that the film, photograph, publication or computer game possesses artistic merit or is for a genuine medical, legal, scientific or educational purpose; or S. 70(2)(c) amended by Nos 20/2004 s. 6(1), 68/2009 s. 97(Sch. item 40.5). (c) that the accused believed on reasonable grounds that the minor was aged 18 years or older or that he or she was married to the minor; or s. 70 S. 70(2)(d) amended by No. 68/2009 s. 97(Sch. item 40.5). (d) that the accused made the film or took the photograph or was given the film or photograph by the minor and that, at the time of making, taking or being given the film or photograph, the accused was not more than 2 years older than the minor was or appeared to be; or S. 70(2)(e) amended by No. 68/2009 s. 97(Sch. item 40.5). (e) that the minor or one of the minors depicted in the film or photograph is the accused.
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