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)
A citation is an address, not a summary. The first part names the law; what follows narrows it to the exact section, article or paragraph.
In force.
An AI prohibited practices rule binding public and private bodies.
As of 6 September 2026.
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.
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
- 6 September 2026
- 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
What it reaches
Obligation class
Prohibition
What this law does
Drafted with AI from the cited sources under the direction of UnGovr staff. UnGovr holds editorial responsibility for this page.
House Bill 353, known as the Amelia Kramer Act and signed October 9, 2024, 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
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Read the law
Delaware Code Online, current codified text of Title 11, Chapter 5, Subchapter VII, sec. 1335