Delaware's H.B. 346 would make it illegal to knowing view or possess any visual depiction of a live animal being intentionally tortured or killed in a way that is illegal under Delaware or federal law. The law contains a "safe harbor" exemption for images with serious scientific, journalistic, or political value when applying contemporary community standards. A conviction under the law is a Class G felony. Media Coalition believes that, in light of the Supreme Court's decision in U.S. v. Stevens, 130 S. Ct. 1577 (2010), to which it is extremely similar. Additionally, because H.B. 346 limits the criminal act to possession or viewing of particular images, which contradicts the Supreme Court's decision in Stanley v. Georgia, 394 U.S. 577 (1969).
Read Media Coalition's Memo in Opposition to H.B. 346, sent to the House Judiciary Committee and the bill's sponsors on June 15.
updated 6/15/10
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