CHAPTER 236

FORMERLY

HOUSE BILL NO. 529

AS AMENDED BY SENATE AMENDMENTS NO. 1 AND 2

AN ACT TO AMEND 58 LAWS OF DELAWARE, CHAPTER 497, RELATING TO THE DEFINITION OF OBSCENITY.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. 58 Laws of Delaware, Chapter 497, is hereby amended by striking §1364 thereof in its entirety and substituting in lieu thereof a new §1364 to read as follows:

§1364. Definition of obscene

Material is obscene if (1) the average person applying contemporary community standards would find the material, taken as a whole, appeals to the purient interests; and (2) the material depicts or describes:

(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, execretory functions, and/or lewd exhibitions of the genitals; and

(3) the work taken as a whole lacks serious literary, artistic, political or scientific value.

Section 2. Section 1365 (a) (1), 58 Laws of Delaware, Chapter 497, is hereby amended by striking the phrase ", and is substantially without redeeming social value for minors." as it appears at the end of said subsection, and substituting in lieu thereof a ".".

Section 3. This Bill shall become effective on the thirtieth (30th) day following signature by the Governor.

Approved January 28, 1974.