§ 1362 — Obscenity; defenses

Delaware § 1362

• Jurisdiction: Delaware
• Title: 11
• Part: Delaware Criminal Code
• Ch. 5: SPECIFIC OFFENSES
• Subch.: Offenses Against Public Health, Order and Decency

Text

In any prosecution for obscenity it is an affirmative defense that dissemination was restricted to:

(1) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or

(2) Noncommercial dissemination to personal associates of the accused who are known by the accused not to object to the receipt of such material.

Legislative History

11 Del. C. 1953, § 1362; 58 Del. Laws, c. 497, § 1