§ 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.

Legislative History

82 Del. Laws, c. 286, § 1 ; 84 Del. Laws, c. 479, § 1