Delaware Election Deepfake Crime (HB 316, 2024)
Delaware · 2024 DE HB 316; 15 Del. C.
Delaware criminalizes distributing AI-generated deepfakes of candidates or election officials within 90 days of an election with intent to harm or deceive. Basic violations are a Class B misdemeanor, escalating to a Class E felony for repeats; a clear disclosure is a complete safe harbor.
Technical detail
2024 DE HB 316, amending Title 15 Del. C., effective on signing Oct. 9, 2024: criminalizes election deepfakes in the 90-day window (Class B misdemeanor → Class A misdemeanor for violence intent → Class E felony for repeats); disclosure safe harbor; civil injunctive relief for depicted candidates.
Who is protected: Candidates, parties, and Delaware voters
Who must comply: Anyone distributing election-related deepfakes in Delaware
Key facts
| Jurisdiction | Delaware |
|---|---|
| Level | State |
| Status | In effect |
| Protection strength | Limited protection |
| Effective date | 2024-10-09 |
| Enacted | 2024-10-09 |
| Citation | 2024 DE HB 316; 15 Del. C. |
| Enforced by | Delaware Department of Elections; Delaware Attorney General |
| Private right of action | Yes — individuals can sue |
| Penalties | Class B misdemeanor → Class E felony (repeats within 5 years) |
| Topics | deepfakes · election deepfakes · AI-generated images |
| Last verified | 2026-06-12 |
| Official source | House Bill 316 — Delaware General Assembly ↗ |
More AI rules in Delaware
- Delaware HB 191 (AI clinician licensure ban) · Enacted (not yet in effect)
- Delaware Privacy Law (DPDPA) · In effect
- Delaware AI Commission Act (government AI inventory) · In effect
- Delaware Deepfake Intimate-Images Act · In effect
- Delaware AI Medical-Titles Ban (no AI 'doctors') · In effect
- AG Jennings Completes Review of OpenAI Recapitalization (Sta · In effect
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · In effect
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- NY AG · In effect
- MI SOS Deepfake Election Policy · In effect
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