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Legislation banning homophobic material was introduced in March 2010
Two men from Derby have been charged with stirring up hatred on the grounds of sexual orientation.
It is the first such prosecution since laws outlawing homophobia came into force in March 2010.
Razwan Javed, 30, and Kabir Ahmed, 27, will appear before magistrates on Friday.
The charges relate to a leaflet, The Death Penalty?, which was distributed outside the Jamia Mosque in Derby in July last year.
The leaflets were also posted through letterboxes in the city.
Mr Javed and Mr Ahmed have both been charged with distributing threatening written material intending to stir up hatred on the grounds of sexual orientation.
Crown Prosecution Service lawyer Sue Hemming said: "This is the first ever prosecution for this offence and it is the result of close working between the Crown Prosecution Service and Derbyshire Police.
"Following complaints from the public, Derbyshire Police mounted a thorough investigation.
"We have carefully reviewed the evidence provided by the police and are satisfied that there is sufficient evidence and it is in the public interest to charge these men."
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