CHAPTER 258

FORMERLY

HOUSE BILL NO. 525

AS AMENDED BY SENATE AMENDMENTS NO. 1 AND 4

AN ACT TO AMEND 58 DELAWARE LAWS, CHAPTER 497, BEING THE NEW CRIMINAL CODE, BY INSERTING A NEW SECTION RELATING TO OUTDOOR MOTION PICTURE THEATRES WHICH EXHIBIT FILMS NOT SUITABLF FOR MINORS OR HARMFUL TO MINORS.

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

Section 1. Amend Section 1 of 58 Delaware Laws, Chapter 497, by adding a new §1366 thereto, to read as follows:

§1366. Outdoor Motion Picture Theatres

(a) Whoever being the owner or operator of an outdoor motion picture theatre exhibits or permits to be exhibited any film not suitable for minors or harmful to minors and which film can be viewed by such minors not in attendance at the said outdoor motion picture theatre shall be guilty of a Class A misdemeanor.

(b) Definitions as used in this section:

(1) 'Code and Rating Administration of the Motion Picture Association of America's' ratings are:

'G' — All ages admitted. General audiences.

'GP' — All ages admitted. Parental guidance suggested.

'R' — Restricted. Under 17 requires accompanying parent or adult guardian.

'X' --No one under 17 admitted.

(2) 'Film' means any motion picture film or series of films, whether full length or short subject, but does not include newsreels portraying actual current events or pictorial news of the day.

(3) 'Harmful to minors' means that quality of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse which predominately appeals to the pruient, shameful, or morbid interest of minors and is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and taken as a whole the work lacks serious literary, artistical, political or scientific value for minors.

(4) 'Minor' means any person under the age of seventeen (17) years.

(0) 'Not suitable for minors' means any film, reel or view which has a rating of 'R' or 'X' according to the Code and Rating Administration of the Motion Picture Association of America.

(1) 'Nudity' means the showing of the human male or female genitals, public area or buttocks with less than a full opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state.

(2) 'Sado-masochistic abuse' means flagellation or torture practiced by or upon a person clad in undergarments, a mask, or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(3) 'Sexual conduct' means acts of masturbation, homosexuality, sexual intercourse, or physical contact with a person's unclothed genitals or pubic area or a female person's breast.

(4) 'Sexual excitement' means the condition of human male or female genitals in a state of sexual stimulation or arousal.

10. 'Suitable for minors' means any film, reel or view which has a rating of 'G' or 'GP' according to the Code and Rating Administration of the Motion Picture Association of America."

Section 2. This Act shall become effective on the thirtieth (30th) day following signature by the Governor.

Approved February 5, 1974.