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Delaware · Through 2026-08-10 (85 Del. Laws, c. 421, 424) · Newer source version available

11 Del. C. § 1364: Definition of obscene.

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Where this section sits in the code
  1. Title 11. Crimes and Criminal Procedure
  2. Delaware Criminal Code
  3. CHAPTER 5. Specific Offenses
  4. Subchapter VII. Offenses Against Public Health, Order and Decency

Material or live conduct is obscene if:

(1) The average person applying contemporary community standards would find the material or conduct, taken as a whole, appeals to the prurient interests; and

(2) The material depicts or describes or the live conduct portrays:

a. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or

b. Patently offensive representations or descriptions of masturbation, excretory functions, and/or lewd exhibitions of the genitals; and

(3) The work or conduct taken as a whole lacks serious literary, artistic, political or scientific value.

Collected 2026-09-05T23:02:13Z. Source file · JSON

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