a43f31b272
Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
85 lines
6.2 KiB
Markdown
85 lines
6.2 KiB
Markdown
---
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type: "Bill"
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title: "AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO DEEP FAKES IN ELECTIONS."
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description: "This Act creates a new elections crime: “use of deep fake technology to influence an election.” Under this statute it would be a crime to distribute within 90 days of an election a “deep fake” – that is an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate or otherwise deceiving voters. It is not a crime, nor is there a penalty, if the altered media contains a disclaimer stating “This audio/video/image has been altered or artificially generated.” There is also provision for civil injunctive relief for a candidate depicted in a deep fake. There are various exceptions to protect speech, expression, and media rights. A violation of this statute is a class B misdemeanor unless the deepfake is intended to cause violence or bodily harm, in which case it is a class A misdemeanor, or if it is a repeat offense within 5 years, in which case it is a class E felony. Pursuant to § 5101 of Title 15, all offenses under this section are heard in Superior Court."
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jurisdiction: "us/states/de"
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legislature: "Delaware General Assembly"
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session: "152"
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identifier: "HB 316"
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citation: "Delaware HB 316 (152)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Brian Pettyjohn", "Bryan Townsend", "Cyndie Romer", "Marie Pinkney", "Michael Ramone", "Nicole Poore", "Paul S. Baumbach", "Russell Huxtable", "Sean Matthews", "Valerie Longhurst"]
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version_count: 4
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action_count: 14
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vote_count: 3
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first_action: "2024-03-21"
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last_action: "2024-10-09"
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source: "openstates"
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source_identifier: "ocd-bill/a4a4f618-4ef1-4257-8bb5-b8027de1d1b2"
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source_url: "https://legis.delaware.gov/BillDetail?LegislationId=141109"
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source_hash: "b43e5ce613b4cca219a74e21cd7907d27a0cb27e37aaf85df82f2c523ba2d082"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-de"]
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---
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# Delaware HB 316 (152) — AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO DEEP FAKES IN ELECTIONS.
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This Act creates a new elections crime: “use of deep fake technology to influence an election.” Under this statute it would be a crime to distribute within 90 days of an election a “deep fake” – that is an audio or visual depiction that has been manipulated or created with generative adversarial network techniques, with the intent of harming a party or candidate or otherwise deceiving voters. It is not a crime, nor is there a penalty, if the altered media contains a disclaimer stating “This audio/video/image has been altered or artificially generated.” There is also provision for civil injunctive relief for a candidate depicted in a deep fake. There are various exceptions to protect speech, expression, and media rights. A violation of this statute is a class B misdemeanor unless the deepfake is intended to cause violence or bodily harm, in which case it is a class A misdemeanor, or if it is a repeat offense within 5 years, in which case it is a class E felony. Pursuant to § 5101 of Title 15, all offenses under this section are heard in Superior Court.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Bill Text** (committee substitute) — [source](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=141109&legislationTypeId=6&docTypeId=2&legislationName=HS1forHB316)
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2. **HA 1 to HS 1 for HB 316** (committee substitute) — [source](http://legis.delaware.gov/json/BillDetail/GeneratePdfDocument?legislationId=141198&legislationTypeId=5&docTypeId=2)
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3. **HA 2 to HS 1 for HB 316** (committee substitute) — [source](http://legis.delaware.gov/json/BillDetail/GeneratePdfDocument?legislationId=141335&legislationTypeId=5&docTypeId=2)
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4. **SA 1 to HS 1 for HB 316** (committee substitute) — [source](http://legis.delaware.gov/json/BillDetail/GeneratePdfDocument?legislationId=141683&legislationTypeId=5&docTypeId=2)
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## Votes
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- SM — **40–1** (pass) · lower
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- SM — **37–0** (pass) · lower
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- SM — **21–0** (pass) · upper
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## Sponsors
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- Brian Pettyjohn — primary (person)
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- Bryan Townsend — primary (person)
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- Cyndie Romer — primary (person)
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- Marie Pinkney — primary (person)
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- Michael Ramone — primary (person)
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- Nicole Poore — primary (person)
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- Paul S. Baumbach — primary (person)
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- Russell Huxtable — primary (person)
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- Sean Matthews — primary (person)
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- Valerie Longhurst — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2024-03-21** Adopted in lieu of the original bill HB 316, and Assigned to Administration Committee in House `introduction, referral-committee`
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- **2024-04-16** Amendment HA 1 to HS 1 - Introduced and Placed With Bill `amendment-introduction`
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- **2024-04-24** Reported Out of Committee (Administration) in House with 5 On Its Merits `committee-passage`
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- **2024-05-09** Amendment HA 2 to HS 1 - Introduced and Placed With Bill `amendment-introduction`
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- **2024-05-09** Amendment HA 1 to HS 1 - Passed In House by Voice Vote `amendment-passage`
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- **2024-05-09** Amendment HA 2 to HS 1 - Passed In House by Voice Vote `amendment-passage`
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- **2024-05-09** Passed By House. Votes: 37 YES 2 NOT VOTING 2 ABSENT `passage`
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- **2024-05-09** Assigned to Elections & Government Affairs Committee in Senate `introduction, referral-committee`
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- **2024-06-12** Reported Out of Committee (Elections & Government Affairs) in Senate with 7 On Its Merits `committee-passage`
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- **2024-06-26** Amendment SA 1 to HS 1 - Introduced and Placed With Bill `amendment-introduction`
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- **2024-06-27** Amendment SA 1 to HS 1 - Passed By Senate. Votes: 21 YES `amendment-passage`
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- **2024-06-27** Passed By Senate. Votes: 21 YES `passage`
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- **2024-06-30** Passed By House. Votes: 40 YES 1 NO `passage`
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- **2024-10-09** Signed by Governor `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/a4a4f618-4ef1-4257-8bb5-b8027de1d1b2`. Confidence: reported (aggregated from official Delaware legislature records).
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