11 Del. C. § 1364 (2026)

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.

11 Del. C. 1953, §  1364;  58 Del. Laws, c. 497, §  1;  59 Del. Laws, c. 236, §  1;  63 Del. Laws, c. 111, §  4;