Delaware Statutes
§ 1362 — Obscenity; defenses
Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. Offenses Against Public Health, Order and Decency
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.
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Legislative History
11 Del. C. 1953, § 1362; 58 Del. Laws, c. 497, § 1
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