Current through 2024 Legislative Session Act Chapter 476
Section 1364 - Definition of obsceneMaterial 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; orb. 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.11 Del. C. 1953, § 1364; 58 Del. Laws, c. 497, § 1; 59 Del. Laws, c. 236, § 1; 63 Del. Laws, c. 111, §4.;