Delaware Code Title 11. Crimes and Criminal Procedure § 1366. Outdoor motion picture theaters

(a) Whoever being the owner or operator of an outdoor motion picture theater exhibits or permits to be exhibited any film not suitable for minors or harmful to minors and which film can be viewed by such minors not in attendance at the said outdoor motion picture theater shall be guilty of a class A misdemeanor.

(b) Definitions as used in this section:

(1) “Code and Rating Administration of the Motion Picture Association of America” ratings are:

“G”--All ages admitted.  General audiences;

“PG”--All ages admitted.  Parental guidance suggested;

“R”--Restricted.  Under 17 requires accompanying parent or adult guardian;

“X”--No one under 17 admitted.

(2) “Film” means any motion picture film or series of films, whether full length or short subject, but does not include newsreels portraying actual current events or pictorial news of the day.

(3) “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, and taken as a whole the work lacks serious literary, artistical, political or scientific value for minors.

(4) “Minor” means any person under the age of 17 years.

(5) “Not suitable for minors” means any film, reel or view which has a rating of “R” or “X” according to the Code and Rating Administration of the Motion Picture Association of America.

(6) “Nudity” means the showing of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple or the depiction of covered male genitals in a discernibly turgid state.

(7) “Sado-masochistic abuse” means flagellation or torture practiced by or upon a person clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(8) “Sexual conduct” means acts of masturbation, homosexuality, sexual intercourse or physical contact with a person's unclothed genitals or pubic area or a female person's breast.

(9) “Sexual excitement” means the condition of human male or female genitals in a state of sexual stimulation or arousal.

(10) “Suitable for minors” means any film, reel or view which has a rating of “G” or “PG” according to the Code and Rating Administration of the Motion Picture Association of America.


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