Delaware Code
11 Del. C. § 1362 (2026)
Obscenity; defenses
✓ current as of May 2026
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In any prosecution for obscenity it is an affirmative defense that dissemination was restricted to:
(1) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or
(2) Noncommercial dissemination to personal associates of the accused who are known by the accused not to object to the receipt of such material.
11 Del. C. 1953, § 1362; 58 Del. Laws, c. 497, § 1;