Del. Code tit. 10 § 7804

Current through 2024 Legislative Session Act Chapter 510
Section 7804 - Exceptions to liability
(a) In this section:
(1) "Child" means an unemancipated individual who is less than 18 years of age.
(2) "Parent" means an individual recognized as a parent under law of this State other than this chapter.
(b) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image or deep fake meets any of the following:
(1) Made in good faith in any of the following:
a. Law enforcement.
b. A legal proceeding.
c. Medical education or treatment.
(2) Made in good faith in the reporting or investigation of 1 or more of the following:
a. Unlawful conduct.
b. Unsolicited and unwelcome conduct.
(3) Related to a matter of public concern or public interest.
(4) Reasonably intended to assist the depicted individual.
(c) Subject to subsection (d) of this section, a defendant who is a parent or guardian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined under § 7802(8)a. of this title, of the child.
(d) If a defendant asserts an exception to liability under subsection (c) of this section, the exception does not apply if the plaintiff proves the disclosure was any of the following:
(1) Prohibited by law other than this chapter.
(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e) Disclosure of, or a threat to disclose, an intimate image or deep fake is not a matter of public concern or public interest solely because the depicted individual is a public figure.

10 Del. C. § 7804

Amended by Laws 2023, ch. 479,s 1, eff. 10/9/2024.
Added by Laws 2019 , ch. 286, s 1, eff. 9/23/2020.
Section 3 of the 2024 amending legisilation provides that the act is known as "The Amelia Kramer Act".