Delaware Code
Subchapter VII. Offenses Against Public Health, Order and Decency
§ 1363. Obscenity; presumption.

A person who disseminates or possesses obscene material in the course of business is presumed to do so knowingly or recklessly.

Structure Delaware Code

Delaware Code

Title 11 - Crimes and Criminal Procedure

Chapter 5. SPECIFIC OFFENSES

Subchapter VII. Offenses Against Public Health, Order and Decency

§ 1301. Disorderly conduct; unclassified misdemeanor.

§ 1302. Riot; class F felony.

§ 1303. Disorderly conduct; funeral or memorial service.

§ 1304. Hate crimes; class A misdemeanor, class G felony, class F felony, class E felony, class D felony, class C felony, class B felony, class A felony.

§ 1305. Desecration; class A misdemeanor.

§ 1306. Cross or religious symbol burning; class A misdemeanor.

§ 1307. Civil remedies for violations of hate crimes and related offenses.

§ 1308. Hate crime reporting requirement.

§ 1309. Deprivation of Civil Rights.

§ 1311. Harassment; class A misdemeanor.

§ 1312. Stalking; class G felony, class F felony, class C felony.

§ 1313. Malicious interference with emergency communications; class B misdemeanor.

§ 1315. Public intoxication; unclassified misdemeanor; violation.

§ 1316. Registration of out-of-state liquor agents; violation.

§ 1320. Loitering on property of a state-supported school, college or university; violation.

§ 1321. Loitering; violation.

§ 1322. Criminal nuisance; unclassified misdemeanor.

§ 1323. Obstructing public passages; violation.

§ 1324. Obstructing ingress to or egress from public buildings; unclassified misdemeanor.

§ 1325. Cruelty to animals; class A misdemeanor; class F felony.

§ 1325A. The unlawful trade in dog or cat by-products; class B misdemeanor; class A misdemeanor, penalties.

§ 1326. Animals; fighting and baiting prohibited; class E felony.

§ 1327. Maintaining a dangerous animal; class E felony; class F felony; class A misdemeanor.

§ 1330. Smoking on trolleys and buses.

§ 1332. Abusing a corpse; class A misdemeanor.

§ 1333. Trading in human remains and Associated Funerary Objects.

§ § 1334. Unlawful use of an unmanned aircraft system; unclassified misdemeanor; class B misdemeanor; class A misdemeanor.

§ 1335. Violation of privacy; class A misdemeanor; class G felony.

§ 1337. Definitions relating to riot, disorderly conduct and related offenses.

§ 1338. Bombs, incendiary devices, Molotov cocktails and explosive devices; class D felony.

§ 1339. Adulteration; class G felony; class E felony; class A felony.

§ 1341. Lewdness; class B misdemeanor.

§ 1342. Prostitution; class B misdemeanor.

§ 1343. Patronizing a prostitute prohibited.

§ 1344. Prostitution and patronizing a prostitute; no defense.

§ 1345. Screening for sexually transmissible diseases.

§ 1351. Promoting prostitution in the third degree; class F felony.

§ 1352. Promoting prostitution in the second degree; class E felony.

§ 1353. Promoting prostitution in the first degree; class C felony.

§ 1354. Promoting prostitution; attempt to promote prostitution; corroboration.

§ 1355. Permitting prostitution; class B misdemeanor.

§ 1356. Definitions relating to prostitution.

§ 1361. Obscenity; acts constituting; class E felony or class G felony; subsequent violations.

§ 1362. Obscenity; defenses.

§ 1363. Obscenity; presumption.

§ 1364. Definition of obscene.

§ 1365. Obscene literature harmful to minors; class A misdemeanor.

§ 1366. Outdoor motion picture theaters.

§ 1367. Unauthorized promotion of boxing, mixed martial arts or of a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.

§ 1368. Unauthorized participation in a boxing, mixed martial arts or in a combative sports or combative sports entertainment or combative fighting match, contest, or event; class A misdemeanor.

§ 1401. Advancing gambling in the second degree; class A misdemeanor.

§ 1402. Foreign lotteries; prima facie evidence; class A misdemeanor.

§ 1403. Advancing gambling in the first degree; class A misdemeanor.

§ 1404. Providing premises for gambling; class A misdemeanor; unclassified misdemeanor.

§ 1405. Possessing a gambling device; class A misdemeanor.

§ 1406. Being concerned in interest in keeping any gambling device; class A misdemeanor.

§ 1407. Engaging in a crap game; violation.

§ 1408. Merchandising plans are not gambling.

§ 1408A. Savings promotion raffle not gambling.

§ 1409. Exemption of law-enforcement officer.

§ 1411. Unlawfully disseminating gambling information; class A misdemeanor.

§ 1412. Revocation of service contracts or denial of application for service; exemption from liability.

§ 1413. Exemption for operations of lottery under State control.

§ 1421. Obstructions; service of notice.

§ 1422. Posting of notice.

§ 1423. Contents of notice.

§ 1424. Hearing.

§ 1425. Findings of Court; order for removal.

§ 1426. Official removal upon noncompliance with removal order.

§ 1427. Collection of removal expenses; status of contractor; amount of lien.

§ 1428. Maintaining an obstruction; class A misdemeanor; a violation.

§ 1431. Telephone messages received or overheard by police as evidence.

§ 1432. Gambling; definitions.

§ 1441. License to carry concealed deadly weapons.

§ 1441A. State implementation of the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926B as amended in 2010 and 2013); carrying of concealed firearms by qualified law-enforcement officers.

§ 1441B. State implementation of the federal Law Enforcement Officers Safety Act of 2004 (18 U.S.C. § 926C as amended in 2010 and 2013); carrying of concealed firearms by qualified retired law-enforcement officers.

§ 1442. Carrying a concealed deadly weapon; class G felony; class D felony.

§ 1443. Carrying a concealed dangerous instrument; class A misdemeanor.

§ 1444. Possessing a destructive weapon; class E felony.

§ 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony [Effective until June 30, 2025].

§ 1445. Unlawfully dealing with a dangerous weapon; unclassified misdemeanor; Class E or G felony [Effective June 30, 2025].

§ 1446. Unlawfully dealing with a switchblade knife; unclassified misdemeanor.

§ 1446A. Undetectable knives; commercial manufacture, import for commercial sale, or offers for commercial sale; or possession.

§ 1447. Possession of a deadly weapon during commission of a felony; class B felony.

§ 1447A. Possession of a firearm during commission of a felony; class B felony.

§ 1448. Possession and purchase of deadly weapons by persons prohibited; penalties [Effective until June 30, 2025].

§ 1448. Possession and purchase of deadly weapons by persons prohibited; penalties [Effective June 30, 2025].

§ 1448A. Background checks for sales of firearms.

§ 1448B. Background checks for sales of firearms — Unlicensed persons.

§ 1448C. Civil procedures to relinquish firearms or ammunition.

§ 1449. Wearing body armor during commission of felony; class B felony.

§ 1450. Receiving a stolen firearm; class F felony.

§ 1451. Theft of a firearm; class F felony.

§ 1452. Unlawfully dealing with knuckles-combination knife; class B misdemeanor.

§ 1453. Unlawfully dealing with martial arts throwing star; class B misdemeanor.

§ 1454. Giving a firearm to person prohibited; class F felony.

§ 1455. Engaging in a firearms transaction on behalf of another; class E felony; class C felony.

§ 1456. Unsafe storage of a firearm; class A or B misdemeanor.

§ 1457. Possession of a weapon in a Safe School and Recreation Zone; class D, E, or F felony; class A or B misdemeanor.

§ 1458. Removing a firearm from the possession of a law-enforcement officer; class C felony.

§ 1459. Possession of a weapon with a removed, obliterated or altered serial number.

§ 1459A. Possession of an unfinished firearm frame or receiver with no serial number.

§ 1460. Possession of firearm while under the influence.

§ 1461. Report of loss, theft of firearm.

§ 1462. Covert or undetectable firearms; class E or D felony.

§ 1463. Untraceable firearms; class E or D felony.

§ 1464. Legislative findings.

§ 1465. Definitions related to assault weapons.

§ 1466. Manufacture, sale, transport, transfer, purchase, receipt, and possession of assault weapons; class E or F felony.

§ 1467. Voluntary certificate of possession.

§ 1468. Definitions related to large-capacity magazines.

§ 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation [Effective until Jan. 1, 2024].

§ 1469. Large-capacity magazines prohibited; class E felony; class B misdemeanor; or civil violation [Effective Jan. 1, 2024].

§ 1469A. Possession of a large-capacity magazine during the commission of a felony; class B felony.

§ 1470. Definitions.

§ 1471. Prohibited acts.

§ 1472. Penalties.

§ 1473. Preclusions.

§ 1474. Detention and questioning of person suspected of violating § 1471 of this title; limitations on liability; posting of notice.