Delaware Deepfake Laws: AI Images, Voice Cloning & Penalties (2026)

Delaware makes it a crime to distribute nonconsensual intimate deepfakes under 11 Del. C. § 1335(a)(9), enacted as the Amelia Kramer Act in October 2024. The base offense is a class A misdemeanor, rising to a class G felony when any aggravating factor applies. The law also gives victims a separate civil right of action with statutory damages up to $10,000 per defendant. Delaware also bans undisclosed deepfakes of candidates within 90 days of an election under 15 Del. C. § 5145, but it has no statutory right of publicity for voice or likeness.

Is It Illegal to Make a Deepfake of Someone in Delaware?

Delaware law targets the distribution of deepfakes, not their mere creation. Under 11 Del. C. § 1335(a)(9), it is unlawful to knowingly reproduce, distribute, exhibit, publish, transmit, or otherwise disseminate a visual depiction of a person who is nude or engaging in sexual conduct, when that depiction is a deepfake and the person depicted has not consented.

The statute defines "deep fake" as synthetic media where the content appears to a reasonable person to depict a real individual saying or doing something that did not actually occur, or that provides a reasonable person a fundamentally different understanding of the person's appearance, actions, or speech than they would get from an unaltered original. This is a broad, technology-neutral definition that covers AI-generated images and video alike.

The three main buckets of deepfake regulation nationally are: (1) sexual and intimate deepfakes targeting adults, (2) election and political deepfakes, and (3) AI voice cloning and digital likeness rights. Delaware has enacted laws in buckets one and two. Bucket three remains a gap, though federal law partially fills it.

For a broader look at how Delaware regulates artificial intelligence, see Delaware AI Laws and Regulation, which covers algorithmic decision-making, automated systems, and consumer protection, distinct from the deepfake-specific statute addressed here.

Sexual and Intimate Deepfakes

Delaware's Amelia Kramer Act (84 Del. Laws c. 479, signed October 9, 2024) added deepfake coverage to the existing nonconsensual intimate imagery statute at 11 Del. C. § 1335(a)(9). The critical innovation is § 1335(a)(9)g: for deepfakes specifically, the prosecution does not need to prove the image was created under circumstances where the depicted person had a reasonable expectation of privacy. That requirement exists for ordinary NCII (real photographs), but deepfakes are synthetic. There is no original private moment to prove, so the legislature removed the obstacle.

A basic violation under § 1335(a)(9) is a class A misdemeanor. The offense rises to a class G felony when any aggravating factor under § 1335(a)(9)c is present, including: obtaining the depiction without consent (including by hacking), distributing for profit, operating a website or app to disseminate such material, distributing with intent to harass and cause significant mental anguish, pairing the depiction with personally identifiable information, or being 18 or older when the victim was under 18. A prior conviction within five years under the same statute is a separate sentencing aggravator under § 1335(a)(9)d.

In practice, the class G felony threshold is easy to meet: most deepfake distribution involves at least one of these factors, particularly the harassment intent element.

Civil remedy. Alongside the criminal statute, Title 10, Chapter 78 (Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, known as DUCRUDIIA) gives victims a private right of action. A plaintiff who is identifiable and suffered harm from the intentional nonconsensual disclosure of a deepfake may sue for: actual economic and noneconomic damages (including emotional distress); statutory damages up to $10,000 per defendant; any profits the defendant made from the disclosure; punitive damages; reasonable attorney fees and costs; and injunctive relief. This dual-track system (criminal prosecution plus civil lawsuit) makes Delaware one of the stronger state frameworks for deepfake victims.

Minors. AI-generated child sexual abuse material is covered by Delaware's general CSAM statute at 11 Del. C. § 1108 (sexual exploitation of a child), which reaches "visual depictions." Federal law provides an independent floor: 18 U.S.C. § 2256(8)(B) covers computer-generated images indistinguishable from a real minor, with no First Amendment defense for such material.

Election and Political Deepfakes

Delaware enacted an election deepfake statute in 2024. House Substitute 1 for House Bill 316 (84 Del. Laws c. 487, signed October 9, 2024) created 15 Del. C. § 5145, which makes it unlawful to knowingly distribute a deep fake depicting a candidate or political party within 90 days before an election, without the depicted individual's consent and with intent to injure the candidate's or party's reputation or otherwise deceive voters.

A clear disclosure is a complete defense: media stating "This (image/video/audio) has been altered or artificially generated" does not violate the statute. Bona fide news coverage, satire, and parody are also exempt. A violation is a class B misdemeanor, rising to a class A misdemeanor if the person intends to cause violence or bodily harm or reoffends within 5 years (15 Del. C. § 5145(f)). Nationally, election deepfake laws still carry First Amendment risk: a California statute (AB 2839) was blocked by a federal court on free-speech grounds, so constitutional challenges remain possible.

A candidate depicted in a violating deep fake may bring an expedited civil action for injunctive relief and damages in the Court of Chancery, and a prevailing party can recover reasonable attorney fees and costs (15 Del. C. § 5145(g)). Defamation and false light tort claims remain available where the content meets those standards.

AI Voice Cloning and Digital Likeness

Delaware does not have a statutory right of publicity covering voice or likeness, and it has not passed a law specifically targeting AI voice cloning. This is a gap shared by most states.

The national reference point is Tennessee's ELVIS Act (Tenn. Code Ann. § 47-25-1101 et seq., effective July 1, 2024), the first state law to extend right-of-publicity protection expressly to AI-cloned voices. Delaware has no equivalent.

Under Delaware common law, misappropriation of name or likeness is an actionable tort, and in some circumstances a voice clone used commercially could support a claim. But the absence of a statutory right of publicity means there is no clear damages framework, no injunctive relief provision, and no criminal penalty for voice cloning in Delaware.

At the federal level, the FTC Impersonation Rule (16 CFR Part 461, effective April 1, 2024) prohibits deceptive impersonation of government entities and businesses using AI voice cloning. The proposed NO FAKES Act (S.1367, 119th Congress) would create a federal right of publicity for voices and digital likenesses, but it has not passed either chamber as of June 2026 and remains proposed only.

Federal Law That Applies in Delaware

Several federal statutes apply to Delaware residents regardless of state law gaps.

TAKE IT DOWN Act (Public Law 119-12, signed May 19, 2025) is the most significant new federal protection. It makes it a federal crime to knowingly publish nonconsensual intimate visual depictions of adults or minors, expressly including AI-generated deepfakes ("digital forgeries"). The penalty is up to two years in prison (three years if a minor is depicted). Platforms are required to remove flagged content within 48 hours of a victim's notice request; the compliance deadline was May 19, 2026. The FTC enforces the platform-removal obligation. This is the first federal intimate-deepfake law and supplements Delaware's state statute.

FCC AI-Robocall Ruling (FCC 24-17, February 2024) clarified that AI-generated voices in robocalls are "artificial" under the Telephone Consumer Protection Act (47 U.S.C. § 227). Unsolicited AI voice-clone calls to phones without prior express consent are illegal nationwide, including in Delaware.

Federal CSAM law (18 U.S.C. § 2256(8)(B)). Computer- or AI-generated images indistinguishable from a real minor in a sexual context are federal crimes under the PROTECT Act of 2003. This applies regardless of any state coverage gaps.

DEFIANCE Act (S.1837, 119th Congress) would create a federal civil cause of action for sexual deepfake victims with liquidated damages of $150,000, rising to $250,000 when the conduct is linked to actual or attempted sexual assault, stalking, or harassment. The 118th Congress version passed the Senate in July 2024 but died in the House; the 119th Congress version passed the Senate again by unanimous consent on January 13, 2026 and awaits House action. It remains pending and is not law.

NO FAKES Act (S.1367, 119th Congress) is similarly proposed legislation that would protect voices and likenesses from unauthorized AI replication. It has not passed either chamber and is not law.

For more on the DEFIANCE Act's status and what it would mean for deepfake victims, see DEFIANCE Act: Deepfake Porn Victims' Right to Sue.

What Victims Can Do

A Delaware resident targeted by a deepfake has several concrete options.

Report to law enforcement. The criminal statute at 11 Del. C. § 1335(a)(9) gives Delaware State Police and local prosecutors jurisdiction. If the aggravating factors for a class G felony are present (which they usually will be), this is a serious felony charge. File a report with local police or contact the Delaware Department of Justice.

Civil lawsuit under DUCRUDIIA (Title 10, Ch. 78). The separate civil statute allows a victim to sue for actual damages, up to $10,000 in statutory damages per defendant, punitive damages, attorney fees, and injunctive relief ordering takedown. An attorney can seek a temporary restraining order to stop further distribution quickly.

Platform takedown via TAKE IT DOWN. Under the federal TAKE IT DOWN Act, major platforms must remove flagged nonconsensual intimate content (including deepfakes) within 48 hours of a victim's notice. Contact the platform's trust-and-safety team directly and reference the Act. The FTC enforces platform compliance.

Federal referral. If the content crosses state lines or involves a minor, contact the FBI or the National Center for Missing and Exploited Children (NCMEC), which operates the CyberTipline for CSAM reports.

Delaware's data privacy laws (the DPDPA) may also be relevant if the deepfake was created using biometrically derived personal data, though the DPDPA is primarily a consumer privacy statute rather than a criminal one.

Penalties Summary

Disclaimer: This page provides general legal information about Delaware and federal deepfake laws. It is not legal advice and does not create an attorney-client relationship. Deepfake and AI law is evolving rapidly; statutes, pending bills, and court interpretations can change. Consult a licensed Delaware attorney for advice about your specific situation.

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For the full 50-state comparison, see Deepfake and AI Voice Cloning Laws by State.

Sources

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