Delaware Election Deepfake Law
Delaware Election Deepfake Crime (HB 316, 2024)
Delaware · 2024 DE HB 316; 15 Del. C.
- Status
- In effect
- Took effect
- October 9, 2024
- Applies to
- Anyone distributing election-related deepfakes in Delaware
- Enforced by
- Delaware Department of Elections; Delaware Attorney General
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.
Who is protected: Candidates, parties, and Delaware voters
Legal 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.
Key facts
| Jurisdiction | Delaware |
|---|---|
| Level | State |
| Strength | Limited |
| Enacted | October 9, 2024 |
| Citation | 2024 DE HB 316; 15 Del. C. |
| 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 |
| Bill text | House Bill 316 — Delaware General Assembly |
More AI rules in Delaware
- Delaware HB 233 large-load rate class (2026) · In effect
- Delaware HB 445 bring-your-own-generation mandate (2026) · In effect
- Delaware HB 310 large-load tax credit bar (2026) · In effect
- Delaware SB 326 utility capital expenditure oversight (2026) · In effect
- Delaware Privacy Law (DPDPA) · In effect
- Delaware AI Commission Act (government AI inventory) · 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) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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