Delaware General Assembly

Signed 8/12/14

The General Assembly has ended, the current status is the final status.

3/13/14

Bennett

Reps. Keeley, Walker
Sen. Peterson

Reps. Dukes, Hudson, Jaques, Paradee, Ramone, Scott, B. Short, M. Smith, Viola, K. Williams
Sen. Poore, Townsend

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO VIOLATION OF PRIVACY.

This bill adds to the existing crime of Violation of Privacy additional prohibited conduct related to the non-consensual dissemination of visual depictions containing nudity or sexual acts, conduct popularly referred to as “revenge porn”. “Revenge porn” typically refers to the situation where visual depictions are consensually given to an intimate partner who, after the end of the relationship, later disseminates them without the consent of the person depicted. As a result, the person depicted unwillingly becomes sexual entertainment for strangers and the person’s career and standing within the community can be negatively impacted. The bill details six situations that would aggravate this offense: (1) obtaining the visual depiction without the consent of the person depicted, (2) committing the offense for profit, (3) maintaining an internet website, online service, online application, or mobile application for the purpose of committing this offense, (4) committing this offense with the intent to harass, annoy, or alarm the person depicted, (5) committing this offense and pairing the visual depiction with personally identifiable information of the person depicted, and (6) committing this offense within 5 years of a prior conviction for this offense. This bill makes clear that in addition to when the consent of the person depicted is given, certain currently lawful conduct is not intended to be made unlawful by the addition of this paragraph to the crime of Violation of Privacy. This bill further amends the existing crime of Violation of Privacy to make this offense a class B misdemeanor and to make this offense, when aggravated, a class G felony.

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Takes effect upon being signed into law

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