Del. Code 11, § 1364 : Crimes And Criminal Procedure — Specific Offenses — Offenses Against Public Health, Order And Decency — Definition of obscene

  • Date:

Current through 2016 Legislative Session, Act 399

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.
Del. C. § 1364
11 Del. C. 1953, § 1364; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 236, § 1; 63 Del. Laws, c. 111, §4.;
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