Duty LXD-5502
Generates images with AI, in Delaware
Child sexual abuse material offenses, computer-generated depictionssince 1 line
Del. Code Ann. tit. 11, §§ 1100(2), (11), 1109, 1111 · Read the law's page
- Do not knowingly create, deal in, or possess a computer-generated or AI-altered image depicting what appears to be a child engaging in a prohibited sexual act; no actual identifiable child is required for the offense to apply.
Computer Security Breaches, protection of personal informationsince 1 line
Del. Code Ann. tit. 6, section 12B-100 · Read the law's page
- Implement and maintain reasonable procedures and practices to prevent the unauthorized acquisition, use, modification, disclosure, or destruction of that personal information, collected or maintained in the regular course of business.
- This binds any person, including a government entity, that conducts business in Delaware and owns, licenses, or maintains personal information of a Delaware resident.
- There is no separate compliance runway to build against: the duty has been in force since , when 81 Del. Laws, c. 129, section 1 took effect 240 days after its approval.
- Expect enforcement only from the Delaware Attorney General, through the Director of Consumer Protection, seeking to address a violation and to recover direct economic damages; the chapter does not itself state whether a private plaintiff may also sue.
House Bill 353 (2024), deep fake intimate images (The Amelia Kramer Act)since 2 lines
Del. Code Ann. tit. 10, ch. 78; tit. 11, § 1335(a)(9) · Read the law's page
- Do not knowingly reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a deep fake, or threaten to do so, depicting an identifiable person nude or engaged in sexual conduct, without that person's consent.
- A disclosed synthetic-media label does not excuse the conduct; this offense turns on consent and identifiability, not on whether the image is labeled as AI-generated.
House Bill 316 (2024), use of deep fake technology to influence an electionsince 3 lines
Del. Code Ann. tit. 15, § 5145 · Read the law's page
- Do not distribute, or agree to distribute, a deep fake depicting a candidate or political party within 90 days of an election without the depicted individual's consent, if you know or reasonably should know the item is a deep fake.
- Include a clear, specified disclosure that the image, audio, or video has been altered or artificially generated to rely on the statute's safe harbor.
- The prohibition does not apply to bona fide news coverage, or to satire or parody.