State AI law
Delaware
AI laws
We track 9 artificial-intelligence bills and regulations in Delaware. 5 have been signed or enacted, and 3 are still moving.
Last updated Oct 12, 2026 · How we collect and check bills
Where Delaware’s bills stand
9 bills- Introduced
- 0
- In committee
- 1
- Passed a chamber
- 2
- Signed or enacted
- 5
- Dead or vetoed
- 1
Overview
How Delaware regulates AI
Delaware has 9 published AI-related bills in our register, 5 of them signed or enacted. Every bill below links to its own page with the status, dates and a plain-English summary.
Industries these bills touch
Delaware AI law guides
Deepfake Laws in Delaware
Delaware has enacted deepfake legislation. See how it compares with other states, including penalties, scope and enforcement.
Delaware AI bills
RSS feed for DelawareAn Act To Amend Title 14 Of The Delaware Code Relating To The Artificial Intelligence And Extended Reality In Schools Pilot Program.
Delaware's HB 404 was replaced by House Substitute 1 (HS 1), which with House Amendment 1 would create the Artificial Intelligence and Extended Reality in Schools Pilot Program (14 Del. C. ch. 49), run by the Department of Education. Subject to appropriation it would fund 6 to 12 schools to use AI and XR products, with a final report due by September 30, 2031, and the Act would expire 3 years after the 2027-2028 school year. HS 1 passed the House 36-4 on June 30, 2026 and was assigned to the Senate Executive Committee on October 5, 2026.
An Act To Amend Title 6 Of The Delaware Code Regarding Communication With A Computer.
Delaware's HB 306 (153rd General Assembly) would add the Computer Communication Act (6 Del. C. ch. 25N). It would be an unlawful practice to engage or attempt to engage in a commercial transaction with a consumer who is interacting by text or voice with computer technology, such as a chatbot, AI agent or avatar, that could lead a reasonable person to believe they are dealing with a human, unless the person clearly and conspicuously discloses it is a computer. Consumers could sue for actual damages plus up to $1,000; civil penalties could reach $5 million per cause of action. Effective 180 days after enactment. Introduced March 5, 2026; in a Senate committee as of May 5, 2026.
Directing The Artificial Intelligence Commission To Work In Collaboration With The Secretary Of State To Create A Regulatory Sandbox Framewo…
Delaware's House Joint Resolution 7, approved by the Governor, directs the Artificial Intelligence Commission to work with the Secretary of State to create a regulatory sandbox framework for testing innovative and novel technologies that use agentic AI, described as AI systems designed to operate with significant autonomy, making decisions and taking actions on their own. The Commission and the Secretary of State must deliver a written report of findings and recommendations on the framework by January 2, 2026. The resolution itself creates no sandbox and sets no rules for businesses. Signed and effective July 23, 2025.
An Act To Amend Title 21 Of The Delaware Code Relating To Autonomous Vehicles.
Delaware's SB 46 would bar an autonomous vehicle that requires a Class A commercial driver license without an O restriction from operating on a Delaware highway for testing, transporting goods or transporting passengers unless a human safety operator is physically present in it. Violations would carry a fine of $1,000 to $3,000, and $3,000 to $7,500 for repeat offenses within 3 years. Passed the Senate March 20, 2025 (18-0, 3 absent); reported out of the House Transportation Committee May 14, 2025; not yet passed by the House.
An Act To Amend Title 29 Of The Delaware Code Relating To The Artificial Intelligence Commission.
Delaware's HB 16 (85 Del. Laws c. 17) amends the law that created the Delaware Artificial Intelligence Commission (HB 333 of 2024). It specifies that the Commission's 23 members are voting members and adds one nonvoting member, appointed each year by the Chair, who is or will be in the next school year a 10th, 11th or 12th grade student at a Delaware public or private school, with priority for a student who has shown interest in and commitment to the study of AI. The 3-year term and attendance rules now refer to appointed, voting members. Signed and effective May 13, 2025; the Commission law still expires July 17, 2034.
An Act To Amend Title 15 Of The Delaware Code Relating To Deep Fakes In Elections.
Delaware's HB 316 (enacted as House Substitute 1, 84 Del. Laws c. 487) makes it a crime to distribute, or contract to distribute, a deep fake of a candidate or party within 90 days before an election without the depicted person's consent, if the person knows or should know it is a deep fake. Media carrying "This (image/video/audio) has been altered or artificially generated." is exempt, as are qualifying news coverage, satire and parody. Violations are class B misdemeanors, or class A with intent to cause violence or within 5 years of a prior conviction; depicted candidates may sue in the Court of Chancery. Signed and effective October 9, 2024.
An Act To Amend Titles 10 And 11 Of The Delaware Code Relating To Deep Fakes.
Delaware's HB 353 (84 Del. Laws c. 479), the Amelia Kramer Act, extends Delaware's intimate-image laws to deep fakes, meaning realistic but false sexual images made with generative adversarial network techniques or other digital technology. An identifiable person harmed by the intentional disclosure or threatened disclosure of a deep fake without consent may sue for damages or statutory damages up to $10,000, the defendant's gains, punitive damages, fees and an injunction. The violation-of-privacy crime now covers deep fakes without proof of an expectation of privacy, and an adult creating a depiction of a minor is an aggravating factor. Signed and effective October 9, 2024.
An Act To Amend Title 29 Of The Delaware Code Relating To The Artificial Intelligence Commission.
Delaware's HB 333 (84 Del. Laws c. 307) creates the Delaware Artificial Intelligence (AI) Commission within the Department of Technology and Information. The Commission recommends legislative and executive AI actions to the General Assembly and the state Chief Information Officer, develops statewide processes and guidelines for agencies' AI use, encourages agencies to use AI to improve services, recommends actions that keep citizens safe and protect individual rights, and inventories generative AI use in state agencies, identifying high-risk areas. It reports every December 31 from 2024. Signed and effective July 17, 2024; the act expires July 17, 2034 unless extended.
An Act To Amend Title 6 Of The Delaware Code Relating To Personal Data Privacy And Consumer Protection.
Delaware's HB 359 (152nd General Assembly) would have applied the Delaware Personal Data Privacy Act to State government. Its substitute, HS 1 for HB 359, narrowed this to letting consumers enforce their opt-out right under 6 Del. C. § 12D-104(a)(6) against the State. That right covers opting out of targeted advertising, the sale of personal data, and profiling in furtherance of solely-automated decisions with legal or similarly significant effects. The bill text itself never mentions AI. HB 359 was substituted on May 2, 2024; the substitute stayed in a House committee and died when the 152nd General Assembly ended.
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