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Law / United States / Delaware

House Bill 353 (2024), deep fake intimate images (The Amelia Kramer Act)

Del. Code Ann. tit. 10, ch. 78; tit. 11, § 1335(a)(9)

In force since .

An AI prohibited practices rule binding public and private bodies.

Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • 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.

These lines are LexLint's reading of the law's text.

In the frameworks

NIST AI RMF
  • MAP 3.3Targeted application scope is specified and documented based on the system’s capability, established context, and AI system categorization.
NIST AI 600-1
MIT mitigations Draft
  • 1.5Safety Decision Frameworks
  • 3.3Access Management
NIST Privacy Framework
  • CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
FINOS AIGF
ETSI EN 304 223
  • 5.1.2-1Business need and security risks written down and assessed before deciding to build an AI system.
  • 5.1.4-5End-users told which uses of the system are prohibited.

Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law

Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.

If you get it wrong

Criminal exposureYes

Private right of actionYes

Criminal exposure note

A violation of tit. 11, sec. 1335(a)(9) is a class A misdemeanor, elevated to a class G felony where an aggravating factor under sec. 1335(a)(9)c or (a)(9)d is proven, for example obtaining the depiction without consent through unauthorized computer access, distributing it for profit, or distributing it to harass with resulting significant mental anguish.

Statutory damages

A cap per defendant on statutory damages, available as an alternative to actual and consequential damages, for a defendant who knew or acted with reckless disregard as to consent, privacy, and identifiability; disgorgement of the defendant's monetary gain and punitive damages are separately available and uncapped.

As of
Currency
USD
Per person reckless
10,000

Who enforces it

Enforcement body

Delaware Department of Justice (criminal prosecution); private civil action in Delaware Superior Court under tit. 10, ch. 78

Settledness

As of
Open questions
What limitations period governs a deep fake claim under 10 Del. C. section 7803(c), given that section 7807(a) and (b) name only an action under section 7803(b)?

What it makes you log

Logging duty

The criminal offense at Title 11, section 1335(a)(9) and the civil cause of action at Title 10, chapter 78 prohibit disseminating a nonconsensual deep fake or intimate image. Neither imposes a duty to create, keep, or produce a log or record of any kind.

Kind
None
As of

What this law does

Drafted with AI

Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page. How this site is made

Research summary

Legal information, not legal advice. This is LexLint's own research summary of a public legal source, and it creates no attorney-client relationship. For decisions that matter, consult qualified counsel in the relevant jurisdiction. About LexLint

House Bill 353, known as the Amelia Kramer Act and signed , extended Delaware's existing non-consensual intimate-image regime to a "deep fake," defined as synthetic media created or intentionally manipulated with generative adversarial network techniques or other digital technology that appears to a reasonable person to depict a real individual doing or saying something that did not occur.

Under the criminal offense at Title 11, sec. 1335(a)(9), knowingly disseminating a nonconsensual deep fake or intimate visual depiction of an identifiable person is a class A misdemeanor, elevated to a class G felony where an aggravating factor is proven; sec. 1335(a)(9)g. specifically dispenses with any need to prove the depicted person had a reasonable expectation of privacy where the image is a deep fake.

The parallel civil chapter at Title 10, ch. 78 gives a depicted individual a cause of action against a person who knew or acted with reckless disregard in disseminating or threatening to disseminate the deep fake without consent.

When LexLint raises it

When your app profile says your app generates images with AI, generates video with AI or publishes adult content.

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