Del. P.J.I. Crim. No. 11.1361(a)(3)

ACTS CONSTITUTING OBSCENITY

In order to find Defendant guilty of Acts Constituting Obscenity, you must

find the State proved following two (2) elements beyond a reasonable doubt:

(1) Defendant [published/exhibited/made available] obscene material; and

(2) Defendant acted knowingly.

{if applicable}

[You may infer a person who disseminates or possesses obscene material in

the course of business does so knowingly.]

“Knowingly” means Defendant knew or was aware Defendant was engaging

in presentation of obscene material.

Material or live conduct is "obscene" if: (1) the average person, applying

current community standards, would find the material or conduct, taken as a

whole, appeals to prurient or lustful interests; (2) the material shows or describes

or the live conduct portrays: (a) patently or clearly offensive representations or

descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or

(b) patently or clearly 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.