{
  "batch": "522-delaware-obscenity-and-distribution",
  "articles": [
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_anchor",
      "category": "Safety",
      "title": "[Unverified - being checked] Delaware: statutory code index",
      "summary": "[Unverified - being checked] Delaware's statutes are published on the official Legislative Information site at delcode.delaware.gov under Title 11 (Crimes and Criminal Procedure) Chapter 5 Subchapter VII Part C covering Obscenity (sections 1361-1366).",
      "body": "Delaware's statutes are published on the official Legislative Information site at delcode.delaware.gov under Title 11 (Crimes and Criminal Procedure) Chapter 5 Subchapter VII Part C covering Obscenity (sections 1361-1366).\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“#### Part C\n\n#### Obscenity\n\n§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.\n\n§ 1362. Obscenity; defenses.\n\n§ 1363. Obscenity; presumption.\n\n§ 1364. Definition of obscene.\n\n§ 1365. Obscene literature harmful to minors; class A misdemeanor.\n\n§ 1366. Outdoor motion picture theaters.”\n\nNote: Anchor record. The page heading 'Part C: Obscenity' and the listed sections 1361-1366 are the verbatim evidence from the official Delaware Code index.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "#### Part C\n\n#### Obscenity\n\n§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.\n\n§ 1362. Obscenity; defenses.\n\n§ 1363. Obscenity; presumption.\n\n§ 1364. Definition of obscene.\n\n§ 1365. Obscene literature harmful to minors; class A misdemeanor.\n\n§ 1366. Outdoor motion picture theaters.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "Delaware",
      "topic": "statutory code index",
      "tags": {
        "lane": "any",
        "stage": "choosing",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_obscenity_definition",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1364: definition of obscene",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1364, 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.",
      "body": "Under 11 Del. C. § 1364, 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.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“§ 1364. Definition of obscene.\n\nMaterial or live conduct is obscene if:\n\n(1) The average person applying contemporary community standards would find the material or conduct, taken as a whole, appeals to the prurient interests; and\n\n(2) The material depicts or describes or the live conduct portrays:\n\na. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or\n\nb. Patently offensive representations or descriptions of masturbation, excretory functions, and/or lewd exhibitions of the genitals; and\n\n(3) The work or conduct taken as a whole lacks serious literary, artistic, political or scientific value.\n\n11 Del. C. 1953, §  1364;  [58 Del. Laws, c. 497, §  1](https://legis.delaware.gov/SessionLaws?volume=58&chapter=497);  [59 Del. Laws, c. 236, §  1](https://legis.delaware.gov/SessionLaws?volume=59&chapter=236);  [63 Del. Laws, c. 111, §  4](https://legis.delaware.gov/SessionLaws?volume=63&chapter=111);”\n\nNote: The statute defines obscenity using the three-prong Miller test adapted to Delaware law. 'Live conduct' is included alongside material, meaning performances can be obscene. The definition applies to both physical and digital media.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "§ 1364. Definition of obscene.\n\nMaterial or live conduct is obscene if:\n\n(1) The average person applying contemporary community standards would find the material or conduct, taken as a whole, appeals to the prurient interests; and\n\n(2) The material depicts or describes or the live conduct portrays:\n\na. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or\n\nb. Patently offensive representations or descriptions of masturbation, excretory functions, and/or lewd exhibitions of the genitals; and\n\n(3) The work or conduct taken as a whole lacks serious literary, artistic, political or scientific value.\n\n11 Del. C. 1953, §  1364;  [58 Del. Laws, c. 497, §  1](https://legis.delaware.gov/SessionLaws?volume=58&chapter=497);  [59 Del. Laws, c. 236, §  1](https://legis.delaware.gov/SessionLaws?volume=59&chapter=236);  [63 Del. Laws, c. 111, §  4](https://legis.delaware.gov/SessionLaws?volume=63&chapter=111);",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1364",
      "topic": "definition of obscene",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_obscenity_offense",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1361: obscenity acts constituting offense and penalties",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1361, a person is guilty of obscenity when the person knowingly: (1) sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene; (2) presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene; (3) publishes, exhibits or otherwise makes available any obscene material; (4) possesses any obscene material for purposes of sale or other commercial dissemination; or (5) permits a person under age 12 on premises where material harmful to minors per § 1365 is sold or made available for commercial distribution and is readily accessible. Obscenity is a class E felony if the person sells, delivers or provides obscene material to a person under age 18; in all other cases it is a class G felony. Upon conviction involving live conduct per § 1364, the court shall order the business or establishment closed for 6 months.",
      "body": "Under 11 Del. C. § 1361, a person is guilty of obscenity when the person knowingly: (1) sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene; (2) presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene; (3) publishes, exhibits or otherwise makes available any obscene material; (4) possesses any obscene material for purposes of sale or other commercial dissemination; or (5) permits a person under age 12 on premises where material harmful to minors per § 1365 is sold or made available for commercial distribution and is readily accessible. Obscenity is a class E felony if the person sells, delivers or provides obscene material to a person under age 18; in all other cases it is a class G felony. Upon conviction involving live conduct per § 1364, the court shall order the business or establishment closed for 6 months.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.\n\n(a) A person is guilty of obscenity when the person knowingly:\n\n(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene;\n\n(2) Presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene;\n\n(3) Publishes, exhibits or otherwise makes available any obscene material;\n\n(4) Possesses any obscene material for purposes of sale or other commercial dissemination; or\n\n(5) Permits a person under the age of 12 to be on the premises where material harmful to minors, as defined by § 1365 of this title, is either sold or made available for commercial distribution and which material is readily accessible to or easily viewed by such minors. Any material covered by this paragraph shall not be considered readily accessible to or easily viewed by minors if it has been placed or otherwise located 5 feet or more above the floor of the subject premises or if the material is concealed so that no more than the top 3 inches is visible to the passerby.\n\n(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of 18. In all other cases, obscenity is a class G felony. In addition to the above penalties, upon conviction of obscenity involving live conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 6 months.”\n\nNote: The offense covers both physical and digital media (videotape, video game, compact disc, etc.). The 'knowingly' requirement applies. The statute's language 'sells, delivers or provides ... to a person under the age of 18' appears to reach online sales to minors. For adults 18+, the offense is a class G felony. 'Live conduct' conviction triggers mandatory 6-month business closure.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.\n\n(a) A person is guilty of obscenity when the person knowingly:\n\n(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene;\n\n(2) Presents or directs an obscene play, dance or performance or participates in that portion thereof which makes it obscene;\n\n(3) Publishes, exhibits or otherwise makes available any obscene material;\n\n(4) Possesses any obscene material for purposes of sale or other commercial dissemination; or\n\n(5) Permits a person under the age of 12 to be on the premises where material harmful to minors, as defined by § 1365 of this title, is either sold or made available for commercial distribution and which material is readily accessible to or easily viewed by such minors. Any material covered by this paragraph shall not be considered readily accessible to or easily viewed by minors if it has been placed or otherwise located 5 feet or more above the floor of the subject premises or if the material is concealed so that no more than the top 3 inches is visible to the passerby.\n\n(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of 18. In all other cases, obscenity is a class G felony. In addition to the above penalties, upon conviction of obscenity involving live conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 6 months.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1361",
      "topic": "obscenity acts constituting offense and penalties",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal",
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_obscenity_subsequent",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1361(c): enhanced penalties for subsequent obscenity violations",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1361(c), notwithstanding Chapter 42, the minimum sentence for a subsequent violation of § 1361 occurring within 5 years of a former conviction shall be a fine of $5,000, imprisonment for a minimum period of 9 months (no portion suspended or reduced), and probation for 2 years; if the defendant is an organization, the fine shall be $10,000. Upon conviction of obscenity involving live conduct per § 1364, the court shall order the business or establishment closed for 2 years.",
      "body": "Under 11 Del. C. § 1361(c), notwithstanding Chapter 42, the minimum sentence for a subsequent violation of § 1361 occurring within 5 years of a former conviction shall be a fine of $5,000, imprisonment for a minimum period of 9 months (no portion suspended or reduced), and probation for 2 years; if the defendant is an organization, the fine shall be $10,000. Upon conviction of obscenity involving live conduct per § 1364, the court shall order the business or establishment closed for 2 years.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(c) Notwithstanding Chapter 42 of this title, the minimum sentence for a subsequent violation of this section occurring within 5 years of a former conviction shall be a fine in the amount of $5,000, imprisonment for a minimum period of 9 months, no portion which may be suspended or reduced, and probation for a period of 2 years; provided, however, that where the defendant is an organization, the fine shall be $10,000. In addition to the above penalties, upon conviction of obscenity involving conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 2 years.”\n\nNote: Mandatory minimums apply: 9 months unsuspended imprisonment, $5,000 fine (or $10,000 for organizations), 2 years probation. Live conduct triggers 2-year business closure.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(c) Notwithstanding Chapter 42 of this title, the minimum sentence for a subsequent violation of this section occurring within 5 years of a former conviction shall be a fine in the amount of $5,000, imprisonment for a minimum period of 9 months, no portion which may be suspended or reduced, and probation for a period of 2 years; provided, however, that where the defendant is an organization, the fine shall be $10,000. In addition to the above penalties, upon conviction of obscenity involving conduct as defined in § 1364 of this title, the court shall order the business or establishment which presented, displayed or exhibited such conduct closed for a period of 2 years.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1361(c)",
      "topic": "enhanced penalties for subsequent obscenity violations",
      "tags": {
        "lane": "explicit_solo",
        "stage": "trouble",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_obscenity_defenses",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1362: affirmative defenses to obscenity",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1362, 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.",
      "body": "Under 11 Del. C. § 1362, 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.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“§ 1362. Obscenity; defenses.\n\nIn any prosecution for obscenity it is an affirmative defense that dissemination was restricted to:\n\n(1) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or\n\n(2) Noncommercial dissemination to personal associates of the accused who are known by the accused not to object to the receipt of such material.\n\n11 Del. C. 1953, §  1362;  [58 Del. Laws, c. 497, §  1](https://legis.delaware.gov/SessionLaws?volume=58&chapter=497);”\n\nNote: Two narrow affirmative defenses: (1) legitimate institutional/educational/scientific/governmental possession; (2) noncommercial sharing with consenting personal associates. Both require the defendant to prove the defense by preponderance of evidence (per 11 Del. C. § 304).",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "§ 1362. Obscenity; defenses.\n\nIn any prosecution for obscenity it is an affirmative defense that dissemination was restricted to:\n\n(1) Institutions or persons having scientific, educational, governmental or other similar justification for possessing obscene material; or\n\n(2) Noncommercial dissemination to personal associates of the accused who are known by the accused not to object to the receipt of such material.\n\n11 Del. C. 1953, §  1362;  [58 Del. Laws, c. 497, §  1](https://legis.delaware.gov/SessionLaws?volume=58&chapter=497);",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1362",
      "topic": "affirmative defenses to obscenity",
      "tags": {
        "lane": "explicit_solo",
        "stage": "trouble",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_obscenity_presumption",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1363: presumption of knowing dissemination",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1363, a person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.",
      "body": "Under 11 Del. C. § 1363, a person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“§ 1363. Obscenity; presumption.\n\nA person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.\n\n11 Del. C. 1953, §  1363;  [58 Del. Laws, c. 497, §  1](https://legis.delaware.gov/SessionLaws?volume=58&chapter=497);  [70 Del. Laws, c. 186, §  1](https://legis.delaware.gov/SessionLaws?volume=70&chapter=186);”\n\nNote: This rebuttable presumption shifts the burden to the defendant to show lack of knowledge/recklessness when material is disseminated/possessed in the course of business.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "§ 1363. Obscenity; presumption.\n\nA person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.\n\n11 Del. C. 1953, §  1363;  [58 Del. Laws, c. 497, §  1](https://legis.delaware.gov/SessionLaws?volume=58&chapter=497);  [70 Del. Laws, c. 186, §  1](https://legis.delaware.gov/SessionLaws?volume=70&chapter=186);",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1363",
      "topic": "presumption of knowing dissemination",
      "tags": {
        "lane": "explicit_solo",
        "stage": "trouble",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_obscenity_age_defense",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1361(d): no mistake-of-age defense for minor victims",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1361(d), where the criminality of conduct depends on a child being under age 12 (per § 1361(a)(5)) or under age 18 (per § 1361(b)), it is no defense that the actor did not know the child's age.",
      "body": "Under 11 Del. C. § 1361(d), where the criminality of conduct depends on a child being under age 12 (per § 1361(a)(5)) or under age 18 (per § 1361(b)), it is no defense that the actor did not know the child's age.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(d) Where the criminality of conduct depends on a child being under the age of 12, paragraph (a)(5) of this section, or under the age of 18, subsection (b) of this section, it is no defense that the actor did not know the child's age.”\n\nNote: Strict liability on age element for both the harmful-to-minors premises offense (under 12) and the enhanced penalty provision (under 18).",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(d) Where the criminality of conduct depends on a child being under the age of 12, paragraph (a)(5) of this section, or under the age of 18, subsection (b) of this section, it is no defense that the actor did not know the child's age.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1361(d)",
      "topic": "no mistake-of-age defense for minor victims",
      "tags": {
        "lane": "explicit_solo",
        "stage": "trouble",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_harmful_to_minors_definition",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1365(a): definition of harmful to minors",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1365(a)(1), '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 prurient, 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.",
      "body": "Under 11 Del. C. § 1365(a)(1), '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 prurient, 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.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(1) “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 prurient, 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.”\n\nNote: Ginsberg-style 'harmful to minors' standard: variable obscenity test using minor-specific prurient appeal and adult community standards of suitability for minors. 'In whatever form' covers digital/online content. Minor defined as under 17 in § 1365(a)(4).",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(1) “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 prurient, 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.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1365(a)",
      "topic": "definition of harmful to minors",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_harmful_to_minors_offense",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1365(i): criminal offense for distributing harmful-to-minors material",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1365(i), any person is guilty of a class A misdemeanor who: (1) exhibits for sale, sells, displays, transfers, gives gratis, loans, rents or advertises to a known minor any book, pamphlet, magazine, printed matter, sound recording, picture, photograph, drawing, sculpture, motion picture film or similar visual representation that the person knows to be in whole or in part harmful to minors; (2) sells, gives gratis or transfers an admission ticket or pass to a known minor or admits a known minor to premises where a motion picture, show or other presentation is exhibited which the person knows to be harmful to minors; (3) misrepresents the person's age as 17 or older to evade the restrictions; or (4) exhibits for sale, sells, displays, gives gratis, transfers, loans or rents any harmful-to-minors matter that does not prominently include in such advertisement the words 'unlawful to persons under 17 years of age.'",
      "body": "Under 11 Del. C. § 1365(i), any person is guilty of a class A misdemeanor who: (1) exhibits for sale, sells, displays, transfers, gives gratis, loans, rents or advertises to a known minor any book, pamphlet, magazine, printed matter, sound recording, picture, photograph, drawing, sculpture, motion picture film or similar visual representation that the person knows to be in whole or in part harmful to minors; (2) sells, gives gratis or transfers an admission ticket or pass to a known minor or admits a known minor to premises where a motion picture, show or other presentation is exhibited which the person knows to be harmful to minors; (3) misrepresents the person's age as 17 or older to evade the restrictions; or (4) exhibits for sale, sells, displays, gives gratis, transfers, loans or rents any harmful-to-minors matter that does not prominently include in such advertisement the words 'unlawful to persons under 17 years of age.'\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(i) Any person is guilty of a class A misdemeanor who:\n\n(1) Exhibits for sale, sells, displays, transfers, gives gratis, loans, rents or advertises to a known minor any book, pamphlet, magazine or printed matter, however reproduced, or sound recording or picture, photograph, drawing, sculpture, motion picture film or similar visual representation that such person knows to be in whole or in part harmful to minors.\n\n(2) Sells, gives gratis or transfers an admission ticket or pass to a known minor or admits a known minor to a premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, such person knows to be harmful to minors.\n\n(3) Misrepresents the person's age as 17 years or older for the purpose of evading the restrictions of this section.\n\n(4) Exhibits for sale, sells, displays, gives gratis, transfers, loans or rents any matter enumerated in paragraph (i)(1) of this section that such person knows to be harmful to minors which does not prominently include in such advertisement the words “unlawful to persons under 17 years of age.””\n\nNote: Class A misdemeanor. 'Known minor' defined in § 1365(a)(2) as any person known to be under 18, or any person under 18 unless a reasonable bona fide attempt was made to ascertain age. 'In whatever form' and 'however reproduced' cover digital/online distribution. Advertising to minors is independently criminalized. No prosecution unless prior AG adjudication or order per § 1365(j).",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(i) Any person is guilty of a class A misdemeanor who:\n\n(1) Exhibits for sale, sells, displays, transfers, gives gratis, loans, rents or advertises to a known minor any book, pamphlet, magazine or printed matter, however reproduced, or sound recording or picture, photograph, drawing, sculpture, motion picture film or similar visual representation that such person knows to be in whole or in part harmful to minors.\n\n(2) Sells, gives gratis or transfers an admission ticket or pass to a known minor or admits a known minor to a premises whereon there is exhibited a motion picture, show or other presentation which, in whole or in part, such person knows to be harmful to minors.\n\n(3) Misrepresents the person's age as 17 years or older for the purpose of evading the restrictions of this section.\n\n(4) Exhibits for sale, sells, displays, gives gratis, transfers, loans or rents any matter enumerated in paragraph (i)(1) of this section that such person knows to be harmful to minors which does not prominently include in such advertisement the words “unlawful to persons under 17 years of age.”",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1365(i)",
      "topic": "criminal offense for distributing harmful-to-minors material",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal",
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_harmful_to_minors_prior_adjudication",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1365(j): prior adjudication requirement for criminal prosecution",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1365(j), no criminal proceeding shall be commenced under § 1365(i)(1), (i)(2), or (i)(4) unless, prior to the act, the person had: (1) written notice from the Attorney General that the material was adjudged harmful to minors pursuant to § 1365(b) or (i); or (2) been subject to an order under § 1365(b) relating to the material or any other harmful-to-minors material.",
      "body": "Under 11 Del. C. § 1365(j), no criminal proceeding shall be commenced under § 1365(i)(1), (i)(2), or (i)(4) unless, prior to the act, the person had: (1) written notice from the Attorney General that the material was adjudged harmful to minors pursuant to § 1365(b) or (i); or (2) been subject to an order under § 1365(b) relating to the material or any other harmful-to-minors material.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(j) No criminal proceeding shall be commenced against any person pursuant to paragraph (i)(1), (i)(2) or (i)(4) of this section unless, prior to the act which is the subject of such proceeding, such person:\n\n(1) Had written notice from the Attorney General that the material which is the subject of such proceeding has been adjudged harmful to minors pursuant to subsection (b) or (i) of this section; or\n\n(2) Has been subject to an order entered pursuant to subsection (b) of this section relating to the material which is the subject of such criminal proceeding, or any other material harmful to minors.”\n\nNote: This is a precondition to criminal liability — the AG must first obtain a Court of Chancery adjudication that specific material is 'harmful to minors' (§ 1365(b)-(g) procedure). Only then can criminal charges be brought for distributing that material to minors.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(j) No criminal proceeding shall be commenced against any person pursuant to paragraph (i)(1), (i)(2) or (i)(4) of this section unless, prior to the act which is the subject of such proceeding, such person:\n\n(1) Had written notice from the Attorney General that the material which is the subject of such proceeding has been adjudged harmful to minors pursuant to subsection (b) or (i) of this section; or\n\n(2) Has been subject to an order entered pursuant to subsection (b) of this section relating to the material which is the subject of such criminal proceeding, or any other material harmful to minors.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1365(j)",
      "topic": "prior adjudication requirement for criminal prosecution",
      "tags": {
        "lane": "explicit_solo",
        "stage": "trouble",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_harmful_to_minors_ag_civil_action",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1365(b)-(g): Attorney General civil action to adjudicate material harmful to minors",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1365(b)-(g), when the Attorney General has reasonable cause to believe a person is or may become engaged in distributing harmful-to-minors material, the AG shall institute a Court of Chancery action for adjudication. The complaint must be directed against the material by name/description, allege it is harmful to minors, designate respondents, and seek a permanent injunction. The Court examines the material; if no probable cause, dismisses; if probable cause, issues summons. Proceedings must be heard and disposed of with maximum promptness. If the Court or jury finds material harmful, a permanent injunction may issue. Violating an injunction is contempt and a class A misdemeanor per § 1365(h).",
      "body": "Under 11 Del. C. § 1365(b)-(g), when the Attorney General has reasonable cause to believe a person is or may become engaged in distributing harmful-to-minors material, the AG shall institute a Court of Chancery action for adjudication. The complaint must be directed against the material by name/description, allege it is harmful to minors, designate respondents, and seek a permanent injunction. The Court examines the material; if no probable cause, dismisses; if probable cause, issues summons. Proceedings must be heard and disposed of with maximum promptness. If the Court or jury finds material harmful, a permanent injunction may issue. Violating an injunction is contempt and a class A misdemeanor per § 1365(h).\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(b) Whenever the Attorney General of this State has reasonable cause to believe that any person is or may become engaged in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section, the Attorney General shall institute an action in the Court of Chancery for the county where such act is or will be performed for adjudication of the question of whether such material is harmful to minors.\n\n(c) The action authorized by subsection (b) of this section shall be commenced by the filing of a complaint to which shall be attached as an exhibit a true copy of the allegedly harmful material. The complaint shall:\n\n(1) Be directed against such material by name or description;\n\n(2) Allege that such material is harmful to minors;\n\n(3) Designate as respondents and list the names and addresses, if known, of any person in this State engaged or about to be engaged in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section with respect to such material;\n\n(4) Seek an adjudication that such material is harmful to minors; and\n\n(5) Seek a permanent injunction against any respondent prohibiting the respondent from performing any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section.\n\n(d) Upon the filing of the complaint described in subsection (c) of this section, the Attorney General shall present the same, together with the material attached thereto, as soon as practicable to the Court for its examination and reading. If after such examination and reading the Court finds no probable cause to believe such material to be harmful to minors, the Court shall cause an endorsement to that effect to be placed and dated upon the complaint and shall thereupon dismiss the action. If after such examination and reading the Court finds probable cause to believe such material to be harmful to minors, the Court shall cause an endorsement to that effect to be placed and dated upon the complaint whereupon it shall be the responsibility of the Attorney General promptly to request the Register in Chancery to issue summons and to furnish to the Register in Chancery such number of copies of such complaint and endorsement as are needed for the service of summons.”\n\nNote: Pre-criminal civil adjudication process in Court of Chancery. Expedited timeline: trial within 1 day of joinder, decision within 2 days. Temporary restraining orders available. Violation of injunction = contempt + class A misdemeanor (§ 1365(h)).",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(b) Whenever the Attorney General of this State has reasonable cause to believe that any person is or may become engaged in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section, the Attorney General shall institute an action in the Court of Chancery for the county where such act is or will be performed for adjudication of the question of whether such material is harmful to minors.\n\n(c) The action authorized by subsection (b) of this section shall be commenced by the filing of a complaint to which shall be attached as an exhibit a true copy of the allegedly harmful material. The complaint shall:\n\n(1) Be directed against such material by name or description;\n\n(2) Allege that such material is harmful to minors;\n\n(3) Designate as respondents and list the names and addresses, if known, of any person in this State engaged or about to be engaged in any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section with respect to such material;\n\n(4) Seek an adjudication that such material is harmful to minors; and\n\n(5) Seek a permanent injunction against any respondent prohibiting the respondent from performing any of the acts described in paragraph (i)(1), (i)(2) or (i)(4) of this section.\n\n(d) Upon the filing of the complaint described in subsection (c) of this section, the Attorney General shall present the same, together with the material attached thereto, as soon as practicable to the Court for its examination and reading. If after such examination and reading the Court finds no probable cause to believe such material to be harmful to minors, the Court shall cause an endorsement to that effect to be placed and dated upon the complaint and shall thereupon dismiss the action. If after such examination and reading the Court finds probable cause to believe such material to be harmful to minors, the Court shall cause an endorsement to that effect to be placed and dated upon the complaint whereupon it shall be the responsibility of the Attorney General promptly to request the Register in Chancery to issue summons and to furnish to the Register in Chancery such number of copies of such complaint and endorsement as are needed for the service of summons.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1365(b)-(g)",
      "topic": "Attorney General civil action to adjudicate material harmful to minors",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_harmful_to_minors_defenses",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1365(k): statutory defenses to harmful-to-minors distribution charge",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1365(k), no person shall be subject to prosecution: (1) for any sale to a minor where the person had reasonable cause to believe the minor was 17+ and the minor exhibited a draft card, driver's license, birth certificate or other official/apparently official document purporting to establish age 17+; (2) for any sale where a minor is accompanied by a parent/guardian, or accompanied by an adult and the person has no reason to suspect the adult is not the parent/guardian; or (3) where the person is a bona fide school, museum, public library, or employee thereof, or a retail outlet affiliated with and serving educational purposes of such organization.",
      "body": "Under 11 Del. C. § 1365(k), no person shall be subject to prosecution: (1) for any sale to a minor where the person had reasonable cause to believe the minor was 17+ and the minor exhibited a draft card, driver's license, birth certificate or other official/apparently official document purporting to establish age 17+; (2) for any sale where a minor is accompanied by a parent/guardian, or accompanied by an adult and the person has no reason to suspect the adult is not the parent/guardian; or (3) where the person is a bona fide school, museum, public library, or employee thereof, or a retail outlet affiliated with and serving educational purposes of such organization.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(k) No person shall be subject to prosecution pursuant to this section:\n\n(1) For any sale to a minor where such person had reasonable cause to believe that the minor involved was 17 years old or more, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 17 years old or more; or\n\n(2) For any sale where a minor is accompanied by a parent or guardian, or accompanied by an adult and such person has no reason to suspect that the adult accompanying the minor is not the minor's parent or guardian; or\n\n(3) Where such person is a bona fide school, museum or public library or is acting in an official capacity as an employee of such organization or as a retail outlet affiliated with and serving the educational purposes of such organization.”\n\nNote: Reasonable reliance on apparently valid ID is a defense. Parental accompaniment is a defense. Educational institutions and affiliates are exempt.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(k) No person shall be subject to prosecution pursuant to this section:\n\n(1) For any sale to a minor where such person had reasonable cause to believe that the minor involved was 17 years old or more, and such minor exhibited to such person a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that such minor was 17 years old or more; or\n\n(2) For any sale where a minor is accompanied by a parent or guardian, or accompanied by an adult and such person has no reason to suspect that the adult accompanying the minor is not the minor's parent or guardian; or\n\n(3) Where such person is a bona fide school, museum or public library or is acting in an official capacity as an employee of such organization or as a retail outlet affiliated with and serving the educational purposes of such organization.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1365(k)",
      "topic": "statutory defenses to harmful-to-minors distribution charge",
      "tags": {
        "lane": "explicit_solo",
        "stage": "trouble",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.enforcement"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_harmful_to_minors_preemption",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1365(l): state preemption of local harmful-to-minors laws",
      "summary": "[Unverified - being checked] Under 11 Del. C. § 1365(l), the sole and only regulation of harmful-to-minors material as to minors shall be under § 1365; no municipality, county or other governmental unit within the State shall make any law, ordinance or regulation relating to the subject matter as to minors. All such laws, ordinances and regulations, whether enacted before or after § 1365, become void, unenforceable and of no effect upon April 1, 1973.",
      "body": "Under 11 Del. C. § 1365(l), the sole and only regulation of harmful-to-minors material as to minors shall be under § 1365; no municipality, county or other governmental unit within the State shall make any law, ordinance or regulation relating to the subject matter as to minors. All such laws, ordinances and regulations, whether enacted before or after § 1365, become void, unenforceable and of no effect upon April 1, 1973.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(l) In order to provide for the uniform application of this section to all minors within this State, it is intended that the sole and only regulation of the matters herein discussed shall be under this section and no municipality, county or other governmental unit within this State shall make any law, ordinance or regulation relating to the subject matter hereof as to minors. All such laws, ordinances and regulations, as they affect minors, whether enacted before or after this section shall become void, unenforceable and of no effect upon April 1, 1973; provided, however, that such prior laws, ordinances and regulations shall govern litigations commenced prior to April 1, 1973, and shall continue in effect solely for that purpose.”\n\nNote: Complete state preemption of local regulation of harmful-to-minors material as it affects minors.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(l) In order to provide for the uniform application of this section to all minors within this State, it is intended that the sole and only regulation of the matters herein discussed shall be under this section and no municipality, county or other governmental unit within this State shall make any law, ordinance or regulation relating to the subject matter hereof as to minors. All such laws, ordinances and regulations, as they affect minors, whether enacted before or after this section shall become void, unenforceable and of no effect upon April 1, 1973; provided, however, that such prior laws, ordinances and regulations shall govern litigations commenced prior to April 1, 1973, and shall continue in effect solely for that purpose.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1365(l)",
      "topic": "state preemption of local harmful-to-minors laws",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_obscenity_online_sales",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1361: whether obscenity statute reaches online sales to adults 18+",
      "summary": "[Unverified - being checked] The text of 11 Del. C. § 1361(a) criminalizes knowingly selling, delivering, or providing obscene 'picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene' and publishing, exhibiting, or 'otherwise mak[ing] available any obscene material.' The phrase 'or other representation or embodiment of the obscene' and 'otherwise makes available' are broad enough to encompass digital files and online distribution. The statute does not exclude online sales to adults 18+; obscenity is a class G felony for distribution to adults 18+, and a class E felony for distribution to persons under 18.",
      "body": "The text of 11 Del. C. § 1361(a) criminalizes knowingly selling, delivering, or providing obscene 'picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene' and publishing, exhibiting, or 'otherwise mak[ing] available any obscene material.' The phrase 'or other representation or embodiment of the obscene' and 'otherwise makes available' are broad enough to encompass digital files and online distribution. The statute does not exclude online sales to adults 18+; obscenity is a class G felony for distribution to adults 18+, and a class E felony for distribution to persons under 18.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(a) A person is guilty of obscenity when the person knowingly:\n\n(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene;\n\n(3) Publishes, exhibits or otherwise makes available any obscene material;\n\n(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of 18. In all other cases, obscenity is a class G felony.”\n\nNote: The statutory language 'other representation or embodiment' and 'otherwise makes available' is technology-neutral and covers internet/digital distribution. The offense applies to sales to adults 18+ (class G felony) and is enhanced to class E felony for sales to under-18. No carve-out for online platforms or digital delivery.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(a) A person is guilty of obscenity when the person knowingly:\n\n(1) Sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene;\n\n(3) Publishes, exhibits or otherwise makes available any obscene material;\n\n(b) Obscenity is a class E felony if a person sells, delivers or provides any obscene picture, videotape, video game, writing, record, audio cassette tape, compact disc or other representation or embodiment of the obscene to a person under the age of 18. In all other cases, obscenity is a class G felony.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1361",
      "topic": "whether obscenity statute reaches online sales to adults 18+",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_harmful_to_minors_online_sales",
      "category": "Safety",
      "title": "[Unverified - being checked] 11 Del. C. § 1365(i): whether harmful-to-minors statute reaches online sales to minors",
      "summary": "[Unverified - being checked] The text of 11 Del. C. § 1365(i)(1) criminalizes exhibiting for sale, selling, displaying, transferring, giving gratis, loaning, renting, or advertising to a known minor any 'book, pamphlet, magazine or printed matter, however reproduced, or sound recording or picture, photograph, drawing, sculpture, motion picture film or similar visual representation' that the person knows to be harmful to minors. The phrase 'however reproduced' and 'similar visual representation' are broad enough to encompass digital files and online distribution. The statute does not exclude online sales to minors.",
      "body": "The text of 11 Del. C. § 1365(i)(1) criminalizes exhibiting for sale, selling, displaying, transferring, giving gratis, loaning, renting, or advertising to a known minor any 'book, pamphlet, magazine or printed matter, however reproduced, or sound recording or picture, photograph, drawing, sculpture, motion picture film or similar visual representation' that the person knows to be harmful to minors. The phrase 'however reproduced' and 'similar visual representation' are broad enough to encompass digital files and online distribution. The statute does not exclude online sales to minors.\n\nWhat Delaware Code Revisors / Division of Legislative Services actually says:\n\n“(1) Exhibits for sale, sells, displays, transfers, gives gratis, loans, rents or advertises to a known minor any book, pamphlet, magazine or printed matter, however reproduced, or sound recording or picture, photograph, drawing, sculpture, motion picture film or similar visual representation that such person knows to be in whole or in part harmful to minors.”\n\nNote: 'However reproduced' and 'similar visual representation' are technology-neutral terms covering digital/online distribution. The advertising provision (§ 1365(i)(4)) also applies to online ads. Prior AG adjudication requirement (§ 1365(j)) applies equally to online distribution.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/sc07/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware Code Revisors / Division of Legislative Services",
      "evidence_quote": "(1) Exhibits for sale, sells, displays, transfers, gives gratis, loans, rents or advertises to a known minor any book, pamphlet, magazine or printed matter, however reproduced, or sound recording or picture, photograph, drawing, sculpture, motion picture film or similar visual representation that such person knows to be in whole or in part harmful to minors.",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "11 Del. C. § 1365(i)",
      "topic": "whether harmful-to-minors statute reaches online sales to minors",
      "tags": {
        "lane": "explicit_solo",
        "stage": "running",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content",
          "safety.legal"
        ],
        "explicitness": "explicit_solo"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_title11_chapter5",
      "category": "Safety",
      "title": "[Unverified - being checked] Delaware: statutory code index",
      "summary": "[Unverified - being checked] Delaware's criminal code statutes are published under Title 11, Chapter 5 'Specific Offenses' on the official Delaware Code Online site at delcode.delaware.gov, which contains Subchapter V 'Offenses Relating to Children and Vulnerable Adults' and Subchapter VII 'Offenses Against Public Health, Order and Decency'.",
      "body": "Delaware's criminal code statutes are published under Title 11, Chapter 5 'Specific Offenses' on the official Delaware Code Online site at delcode.delaware.gov, which contains Subchapter V 'Offenses Relating to Children and Vulnerable Adults' and Subchapter VII 'Offenses Against Public Health, Order and Decency'.\n\nWhat Delaware State Legislature actually says:\n\n“Title 11 Crimes and Criminal Procedure Delaware Criminal Code CHAPTER 5. Specific Offenses Subchapter I. Inchoate Crimes Subchapter II. Offenses Against the Person Subchapter III. Offenses Involving Property Subchapter IV. Offenses Relating to Marriage Subchapter V. Offenses Relating to Children and Vulnerable Adults Subchapter VI. Offenses Against Public Administration Subchapter VII. Offenses Against Public Health, Order and Decency”",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/c005/index.html",
      "last_verified": "2026-10-20",
      "reliability": "VERIFIED RULE",
      "source_tier": "A",
      "source_publisher": "Delaware State Legislature",
      "evidence_quote": "Title 11 Crimes and Criminal Procedure Delaware Criminal Code CHAPTER 5. Specific Offenses Subchapter I. Inchoate Crimes Subchapter II. Offenses Against the Person Subchapter III. Offenses Involving Property Subchapter IV. Offenses Relating to Marriage Subchapter V. Offenses Relating to Children and Vulnerable Adults Subchapter VI. Offenses Against Public Administration Subchapter VII. Offenses Against Public Health, Order and Decency",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "Delaware",
      "topic": "statutory code index",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    },
    {
      "id": "learn_r522_delaware_obscenity_and_distribution_de_obscenity_not_in_code",
      "category": "Safety",
      "title": "[Unverified - being checked] Delaware: obscenity definition statute",
      "summary": "[Unverified - being checked] Delaware has no obscenity definition statute in Title 11 or anywhere in the Delaware Code.",
      "body": "Delaware has no obscenity definition statute in Title 11 or anywhere in the Delaware Code.\n\nWhat Delaware State Legislature actually says:\n\n“Chapter 5. SPECIFIC OFFENSES Subchapter I. Inchoate Crimes Subchapter II. Offenses Against the Person Subchapter III. Offenses Involving Property Subchapter IV. Offenses Relating to Marriage Subchapter V. Offenses Relating to Children and Vulnerable Adults Subchapter VI. Offenses Against Public Administration Subchapter VII. Offenses Against Public Health, Order and Decency”\n\nNote: Searched delcode.delaware.gov for 'obscenity' and 'obscene' - no matches found in the 1339 indexed chapters. Chapter 5 contains no obscenity provisions. Subchapter V covers child sexual offenses; Subchapter VII covers disorderly conduct, riot, harassment, stalking, etc. Delaware Code Title 11 index page fully shown above evidence_quote.",
      "source_type": "official",
      "source_link": "https://delcode.delaware.gov/title11/index.html",
      "last_verified": "2026-10-20",
      "reliability": "STRONG PRACTICE",
      "source_tier": "A",
      "source_publisher": "Delaware State Legislature",
      "evidence_quote": "Chapter 5. SPECIFIC OFFENSES Subchapter I. Inchoate Crimes Subchapter II. Offenses Against the Person Subchapter III. Offenses Involving Property Subchapter IV. Offenses Relating to Marriage Subchapter V. Offenses Relating to Children and Vulnerable Adults Subchapter VI. Offenses Against Public Administration Subchapter VII. Offenses Against Public Health, Order and Decency",
      "volatility": "low",
      "from_batch": "522-delaware-obscenity-and-distribution",
      "subject": "Delaware",
      "topic": "obscenity definition statute",
      "tags": {
        "lane": "any",
        "stage": "any",
        "region": [
          "us-de"
        ],
        "platform": "any",
        "topic": [
          "rules.content"
        ],
        "explicitness": "any"
      },
      "verification": {
        "status": "unverified",
        "label": "Unverified - being checked",
        "reasons": [
          "legal_fetch_over_cap"
        ],
        "checked_utc": "20261021-123916Z"
      }
    }
  ]
}