Del. P.J.I. Crim. No. 11.1365(i)(2)

OBSCENE LITERATURE HARMFUL TO MINORS

In order to find Defendant guilty of Obscene Literature Harmful to Minors,

you must find the State proved the following two (2) elements beyond a

reasonable doubt:

(1) Defendant [exhibited for sale/sold/displayed/transferred/gave for

free/loaned/rented/ advertised] [item] to a known minor;

(2) Defendant knew [item] was, in whole or in part, harmful to minors.

No person shall be subject to prosecution under this section if: 1) Person

had reasonable cause to believe minor was 17 years of age or older, and such

minor exhibited to Person a draft card, driver’s license, birth certificate, or other

official or apparently official document purporting to establish such minor was 17

years of age or older; 2) for any sale where minor is accompanied by a parent or

guardian, or accompanied by an adult and Person has not reason to suspect the

adult accompanying minor is not the minor’s parent or guardian; or 3) 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 th

e educational purposes of such organization.

In the context of this offense, “knows" means Defendant 1) was aware of the

item’s nature and it was harmful to minors, 2) had knowledge of fact that would

lead a reasonable person to ask whether the item was harmful to minors; or

3) had knowledge or information that type of item had been found harmful to

minors in a proceeding under section 1365 (b) or (i) of the Criminal Code.

"Minor" is any person under the age of 17 years.

"Known minor" is any person Defendant actually knew to be under the age

of 18 years, or any person under the age of 18 years unless a reasonable, bona fide

attempt was made to determine the minor’s age.

"Harmful to minors" means any description or representation, in whatever

form, of nudity, sexual conduct, sexual excitement or sado-masochistic abuse,

which predominately appeals to the prurient, lustful, shameful or morbid interest

of minors, and is patently or clearly offensive, according to prevailing standards in

the adult community, with respect to what is suitable material for minors.