Delaware Deepfake Intimate-Images Act

An Act to Amend Titles 10 and 11 of the Delaware Code Relating to Deep Fakes (Amelia Kramer Act)
Delaware · Del. H.B. 353, 152nd Gen. Assemb. (2024) (amending 10 & 11 Del. C.)

Status
In effect
Took effect
October 9, 2024
Applies to
Any person who creates or discloses such deepfake depictions in Delaware.
Enforced by
Delaware courts (civil remedies) and state/local prosecutors (criminal); Delaware Department of Justice

This law extends Delaware's protections against the non-consensual sharing of intimate images to cover deepfakes — digitally created or altered images that falsely depict an identifiable real person nude or engaged in sexual conduct. Victims can pursue the same civil remedies available for the unauthorized disclosure of real intimate images, and offenders can face criminal charges under the state's privacy-violation laws. When an adult creates a sexual or nude depiction of a minor, the conduct is treated as a felony rather than a misdemeanor. The measure is also known as the Amelia Kramer Act.

Who is protected: Identifiable individuals depicted in deepfake imagery as nude or engaged in sexual conduct without consent, including minors.

Legal detail

House Bill 353 (152nd General Assembly) amends Titles 10 and 11 of the Delaware Code to apply the civil remedies of the Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act (10 Del. C. ch. 78) and Title 11 privacy-violation offenses to deepfake depictions of identifiable persons.

Key facts

JurisdictionDelaware
LevelState
StrengthLimited
EnactedOctober 9, 2024
CitationDel. H.B. 353, 152nd Gen. Assemb. (2024) (amending 10 & 11 Del. C.)
Private right of actionYes, individuals can sue
PenaltiesCivil remedies mirror those under Delaware's unauthorized-disclosure-of-intimate-images law; criminal exposure under Title 11 privacy-violation provisions, elevated to a felony where an adult depicts a minor nude or in sexual conduct.
Topicsnon-consensual intimate imagery · deepfakes
Bill textDelaware General Assembly — House Bill 353 (152nd GA)

More AI rules in Delaware

Related non-consensual intimate imagery rules elsewhere

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