Delaware § 1364 Definition of obscene

Delaware Statutes

§ 1364 — Definition of obscene

Delaware·Title 11·Part Delaware Criminal Code·Ch. 5 SPECIFIC OFFENSES·Subch. 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.

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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.

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