Files
republic-os/legislation/us/states/de/152/hb-316.md
T
2026-07-06 17:26:56 -04:00

85 lines
6.2 KiB
Markdown
Raw Blame History

This file contains ambiguous Unicode characters
This file contains Unicode characters that might be confused with other characters. If you think that this is intentional, you can safely ignore this warning. Use the Escape button to reveal them.
---
type: "Bill"
title: "AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO DEEP FAKES IN ELECTIONS."
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."
jurisdiction: "us/states/de"
legislature: "Delaware General Assembly"
session: "152"
identifier: "HB 316"
citation: "Delaware HB 316 (152)"
classification: ["bill"]
subjects: []
status: "enacted"
primary_sponsors: ["Brian Pettyjohn", "Bryan Townsend", "Cyndie Romer", "Marie Pinkney", "Michael Ramone", "Nicole Poore", "Paul S. Baumbach", "Russell Huxtable", "Sean Matthews", "Valerie Longhurst"]
version_count: 4
action_count: 14
vote_count: 3
first_action: "2024-03-21"
last_action: "2024-10-09"
source: "openstates"
source_identifier: "ocd-bill/a4a4f618-4ef1-4257-8bb5-b8027de1d1b2"
source_url: "https://legis.delaware.gov/BillDetail?LegislationId=141109"
source_hash: "b43e5ce613b4cca219a74e21cd7907d27a0cb27e37aaf85df82f2c523ba2d082"
vintage: "2026-07-01"
source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
retrieved_at: "2026-07-06"
confidence: "reported"
tags: ["legislation", "bill", "us-de"]
---
# Delaware HB 316 (152) — AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO DEEP FAKES IN ELECTIONS.
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.
## Version chain
The bill's text revisions, in order — the diff chain from filing to enrollment.
1. **Bill Text** (committee substitute) — [source](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=141109&legislationTypeId=6&docTypeId=2&legislationName=HS1forHB316)
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)
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)
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)
## Votes
- SM — **401** (pass) · lower
- SM — **370** (pass) · lower
- SM — **210** (pass) · upper
## Sponsors
- Brian Pettyjohn — primary (person)
- Bryan Townsend — primary (person)
- Cyndie Romer — primary (person)
- Marie Pinkney — primary (person)
- Michael Ramone — primary (person)
- Nicole Poore — primary (person)
- Paul S. Baumbach — primary (person)
- Russell Huxtable — primary (person)
- Sean Matthews — primary (person)
- Valerie Longhurst — primary (person)
## Timeline
The legislative action history — every referral, reading, and vote.
- **2024-03-21** Adopted in lieu of the original bill HB 316, and Assigned to Administration Committee in House `introduction, referral-committee`
- **2024-04-16** Amendment HA 1 to HS 1 - Introduced and Placed With Bill `amendment-introduction`
- **2024-04-24** Reported Out of Committee (Administration) in House with 5 On Its Merits `committee-passage`
- **2024-05-09** Amendment HA 2 to HS 1 - Introduced and Placed With Bill `amendment-introduction`
- **2024-05-09** Amendment HA 1 to HS 1 - Passed In House by Voice Vote `amendment-passage`
- **2024-05-09** Amendment HA 2 to HS 1 - Passed In House by Voice Vote `amendment-passage`
- **2024-05-09** Passed By House. Votes: 37 YES 2 NOT VOTING 2 ABSENT `passage`
- **2024-05-09** Assigned to Elections & Government Affairs Committee in Senate `introduction, referral-committee`
- **2024-06-12** Reported Out of Committee (Elections & Government Affairs) in Senate with 7 On Its Merits `committee-passage`
- **2024-06-26** Amendment SA 1 to HS 1 - Introduced and Placed With Bill `amendment-introduction`
- **2024-06-27** Amendment SA 1 to HS 1 - Passed By Senate. Votes: 21 YES `amendment-passage`
- **2024-06-27** Passed By Senate. Votes: 21 YES `passage`
- **2024-06-30** Passed By House. Votes: 40 YES 1 NO `passage`
- **2024-10-09** Signed by Governor `executive-signature`
## Source
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).