Delaware · AI compliance plan
What Delaware’s AI laws require of you.
Delaware has 5 enacted AI laws in our records. We have mapped 2 of them duty by duty: 4 duties in all, each with who it falls on, when it starts and the section of law it comes from.
The plan at a glance
Pro turns this plan into a spreadsheet for audit files and a calendar of every start date. The plan on this page stays open to everyone.
Already in effect 4 duties
These duties are in force today.
| Starts | Law | Who | What it requires | How often | Source |
|---|---|---|---|---|---|
| October 9, 2024 | Delaware election deep fake law (HS 1 for HB 316) | Person | Within 90 days before an election, do not distribute or agree to distribute, without the depicted person's consent, media you know or should know is a deep fake.Applies when: Within 90 days before an election, unless the media carries the required disclosure. | Each time it happens | 15 Del. C. § 5145(b) |
| October 9, 2024 | Delaware election deep fake law (HS 1 for HB 316) | Person | For the disclosure exception, state the media has been altered or artificially generated: readable, as large as other text, shown throughout video; in audio-only, read aloud.Applies when: A person distributes a deep fake within 90 days before an election and relies on the disclosure exception. | Each time it happens | 15 Del. C. § 5145(c) |
| October 9, 2024 | Delaware intimate deep fake civil action and crime (Amelia Kramer Act, HB 353) | Person | Do not intentionally disclose or threaten to disclose an intimate deep fake of an identifiable person, knowing or recklessly disregarding that they did not consent.Applies when: On or after October 9, 2024; liability requires harm to the depicted individual. | Ongoing | 10 Del. C. § 7803(c) |
| October 9, 2024 | Delaware intimate deep fake civil action and crime (Amelia Kramer Act, HB 353) | Person | Do not knowingly disseminate a deep fake showing a nude person or sexual conduct when you know or should know the depicted person did not consent.Applies when: On or after October 9, 2024. | Ongoing | 11 Del. C. § 1335(a)(9) |
Law by law
Who each law covers, who enforces it, the penalties, whether people can sue and what the text leaves open. Open a law to see it; every line cites its section.
Delaware election deep fake law (HS 1 for HB 316)
2 duties · checked November 15, 2026
HS 1 for HB 316, 152nd General Assembly; 84 Del. Laws c. 487, approved October 9, 2024; 15 Del. C. § 5145. Official text · Full law page
Who it covers
- Person. Any person who distributes, or enters into a contract or agreement to distribute, a deep fake of a candidate or political party within 90 days before an election. 15 Del. C. § 5145(b)
Enforcement
- Enforcer: Criminal prosecution, and an expedited action by the depicted candidate in the Court of Chancery. A web search on November 15, 2026 found no court challenge to this law.
- Penalty: Class B misdemeanor, a violation of subsection (b). 15 Del. C. § 5145(f)
- Penalty: Class A misdemeanor, a violation with intent to cause violence or bodily harm, or within 5 years of a prior conviction under this section. 15 Del. C. § 5145(f)
- Can people sue? Yes 15 Del. C. § 5145(g)
- Time to fix before enforcement: None
Exemptions
- Broadcasters, cable or satellite operators, apps, websites and streaming platforms airing a deep fake in bona fide news coverage that clearly acknowledges questions about its authenticity. 15 Del. C. § 5145(d)(1)
- Websites and regularly published periodicals of general circulation that clearly state the media does not accurately represent the depicted individual. 15 Del. C. § 5145(d)(3)
- Satire or parody. 15 Del. C. § 5145(d)(4)
- No liability for interactive computer services or information or telecommunications services for content provided by another person; security, fraud and illegal-activity response is not restricted. 15 Del. C. § 5145(e)
What the text leaves open
- The paid-broadcast exemption in § 5145(d)(2) expired one year after enactment unless the General Assembly extended it (Section 3); whether it was extended was not checked.
- Fine and jail ranges for class A and class B misdemeanors are in Title 11, which was not opened.
- A May 2026 federal lawsuit by Americans for Prosperity challenges Delaware's Elections Disclosure Act, according to a news report; the report does not mention § 5145, and the complaint was not read.
- The audio disclosure applies only where no visual disclosure is feasible; it is read at the beginning and end, and every 2 minutes or less in longer audio.
Delaware intimate deep fake civil action and crime (Amelia Kramer Act, HB 353)
2 duties · checked November 15, 2026
HB 353, 152nd General Assembly; 84 Del. Laws c. 479, approved October 9, 2024; 10 Del. C. ch. 78 (§§ 7802 to 7806) and 11 Del. C. § 1335(a)(9). Official text · Full law page
Who it covers
- Person. Any person who discloses, threatens to disclose, or disseminates an intimate deep fake or other nude or sexual depiction of an identifiable person without consent. 10 Del. C. § 7803(c); 11 Del. C. § 1335(a)(9)
Enforcement
- Enforcer: Civil action by the depicted individual; criminal prosecution under 11 Del. C. § 1335. A web search on November 15, 2026 found no court challenge to this law.
- Penalty: Greater of actual economic and noneconomic damages or statutory damages up to $10,000 per defendant, plus disgorgement and punitive damages, civil liability for unconsented disclosure of an intimate deep fake. 10 Del. C. § 7806(a)
- Penalty: Class A misdemeanor; class G felony when an aggravating factor in (a)(9)c. is charged and proven, or under (a)(9)d., violation of privacy by disseminating a nude or sexual depiction, including a deep fake. 11 Del. C. § 1335(c); § 1335(a)(9)c., d.
- Can people sue? Yes 10 Del. C. §§ 7803, 7806
- Time to fix before enforcement: None
Exemptions
- Good-faith disclosures for law enforcement, legal proceedings, medical education or treatment, reporting unlawful conduct, matters of public concern, or assisting the depicted person (defendant must prove). 10 Del. C. § 7804
- No criminal liability for interactive computer services or information or telecommunications services for content provided by another person. 11 Del. C. § 1335(a)(9)f.
- Lawful law enforcement, reporting, legal or medical practices; consensual commercial dissemination; voluntary public nudity; legitimate public purpose; certain non-commercial conduct by minors. 11 Del. C. § 1335(a)(9)e.
What the text leaves open
- Fine and jail ranges for class A misdemeanors and class G felonies are in other Title 11 sections, which were not opened. The codified § 1335 history note lists 84 Del. Laws c. 479 as its latest amendment.
- The civil chapter states no limitation period.
- The court may award attorneys' fees, costs and injunctive relief (10 Del. C. § 7806(b)).
Other enacted laws to check
These 3 enacted AI laws are in the states you chose, but they are not yet mapped duty by duty, so they are not in the plan above. Each page has a summary and the official source.
- Delaware HB16: An Act To Amend Title 29 Of The Delaware Code Relating To The Artificial Intelligence Commission. (effective May 13, 2025)
- Delaware HB333: An Act To Amend Title 29 Of The Delaware Code Relating To The Artificial Intelligence Commission. (effective July 17, 2024)
- Delaware HJR7: Directing The Artificial Intelligence Commission To Work In Collaboration With The Secretary Of State To… (effective July 23, 2025)
How the plan is built
Each law in the plan was read from its official text, on the legislature’s or state’s own website. 265 of the 326 have also been read a second time to confirm every date, threshold, penalty and enforcer; the rest have had one full read, and each shows the date it was last checked. Each duty is written in plain English in 30 words or fewer and carries the section it comes from, with a link.
Where a law is silent, the plan says so. It does not borrow a penalty from another statute or guess at a deadline. A law that is repealed or replaced on a known date shows that end date, and its duties leave the plan once the date passes. The date each law was last checked appears with it.
The plan is built fresh from these records every time the page loads, so it changes as soon as a law is added or re-checked. To report an error, use the corrections page. For how we find laws and decide what counts as an AI law, see our methodology. If you are not sure which laws touch your business at all, start with Am I Affected?
Common questions
What does an AI compliance plan cover?
Each duty an enacted state AI law places on a business or other regulated party: who it applies to, what it requires, when it starts, how often it recurs, who enforces it, the penalties and whether people can sue. The builder covers 1,235 duties in 326 enacted laws across 50 states, and every duty links to the section of law it comes from.
Where does the information come from?
From the official text of each law: the enrolled bill, session law or codified statute, opened on the legislature's or state's own website. 265 of the 326 laws have also been read a second time to confirm every date, threshold, penalty and enforcer, and the date each law was last checked is shown with it. Where a law is silent on a point, such as a penalty amount, the plan says the law does not say rather than filling the gap. Law firm summaries and news reports are never used as sources.
Does the plan include every AI law in a state?
Not yet. It includes the enacted laws we have mapped duty by duty. When you choose a state, its other enacted AI laws are listed separately with links, so nothing is left out of view. New laws are added as they are read. When a law is repealed or replaced on a set date, its duties show that end date and leave the plan once it passes.
How do I know which duties apply to my company?
Start with the 'who it covers' entry for each law: many apply only above a size or revenue threshold, only to developers or only to deployers, or only in one industry. The plan quotes those conditions from the text. Whether your company meets them depends on facts only you and your counsel know.
Is this legal advice?
No. It is information drawn from official legal texts, organized so you can see what each law requires. Use it to brief your team and your lawyers, not in place of them.
What does Pro add?
The same plan as a CSV file for spreadsheets and audit files, and as a calendar file (.ics) with every dated duty as an event that links back to the law. Both are built from the states and uses you pick. The plan on this page, and printing it, are open to everyone.