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Law / United States / Delaware

Child sexual abuse material offenses, computer-generated depictions

Del. Code Ann. tit. 11, §§ 1100(2), (11), 1109, 1111

In force since .

An AI prohibited practices rule binding public and private bodies.

Enforcement body
Delaware Department of Justice, through county prosecution of Title 11 offenses
How the hook was established
express
What makes it apply
Place of effect
Obligation class
Prohibition
Audit expectation
none
Setting the rule reaches
General

What it requires

  • 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.

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
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

Criminal exposure note

Dealing in child sexual abuse material under sec. 1109 is a class B felony, reduced to a class D felony where the underlying act is limited to statutorily defined "partial nudity"; possession under sec. 1111 is a class F felony.

What it makes you log

Logging duty

Sections 1100, 1109, and 1111 define visual depiction and criminalize dealing in and possessing child sexual abuse material, including a computer-generated or AI-altered image. They impose no 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

Delaware's "visual depiction" definition, which governs dealing in child sexual abuse material (a class B or class D felony under sec. 1109) and possession of it (a class F felony under sec. 1111), expressly includes "any picture, or computer-generated image or picture, or any other image whether made, stored or produced by electronic, digital, mechanical or other means".

Delaware's "child" definition for these offenses separately extends to any individual the defendant intends to appear 14 years of age or younger. Neither offense requires an actual identifiable child, so a wholly AI-generated depiction is reached on the same terms as a photograph.

Possession under sec. 1111(2) separately reaches any visual depiction "created, adapted, modified or edited so as to appear" that a child is engaged in a prohibited sexual act, covering an AI-altered image built from a real photograph.

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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