It is an affirmative defense to a prosecution pursuant to subsection e. of section 4 of P.L. 1984, c.184 (C.2C:20-25), which shall be proved by clear and convincing evidence, that the actor obtained, copied or accessed a computer program or computer software that had a retail value of less than $1,000 and the actor did not disseminate or disclose the program or software to any other person.
N.J.S. § 2C:20-33