Delaware § 1364 Definition of obscene

Delaware Statutes

§ 1364 — Definition of obscene

Delaware § 1364

JurisdictionDelaware

Title11

PartDelaware Criminal Code

Ch. 5SPECIFIC OFFENSES

Subch.Offenses Against Public Health, Order and Decency

This text of Delaware § 1364 (Definition of obscene) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 11, § 1364 (2026).

Text

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.