No person shall be held to have violated this article solely for providing access or connection to or from a facility, system, or network not under the control of the person, including transmission, downloading, intermediate storage, access software, or other related capabilities that are incidental to providing access or connection that do not include the creation of the communication unless:

1. (1) The person is a conspirator with an entity actively involved in the creation of the obscene material.
2. (2) The person knowingly distributed a communication that violates this article.
3. (3) The person knowingly advertises the availability of the communication.
4. (4) The person knowingly provides access or connection to a facility, system, or network engaged in the violation of this article that is owned or controlled by the person.

(Acts 1997, No. 97-486, p. 844, §3.)