Delaware § 7802 - Definitions.

§ 7802. Definitions.

For purposes of this chapter:

(1) “Consent” means affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization.

(2) “Deep fake” means synthetic media where 1 or both of the following applies:

a. The synthetic media appears to a reasonable person to depict a real individual saying or doing something that did not actually occur.

b. The synthetic media provides a reasonable person a fundamentally different understanding or impression of the appearance, action, or speech than a reasonable person would have from an unaltered, original version of the image, audio recording, or video recording.

(3) “Depicted individual” means an individual whose body is shown in whole or in part in an intimate image.

(4) “Disclosure” means transfer, publication, or distribution to another person. “Disclose” has a corresponding meaning.

(5) “Identifiable” means recognizable by a person other than the depicted individual from any of the following:

a. An intimate image itself.

b. An intimate image and identifying characteristic displayed in connection with the intimate image.

(6) “Identifying characteristic” means information that may be used to identify a depicted individual.

(7) “Individual” means a human being.

(8) “Intimate image” means a photograph, film, video recording, or other similar medium that shows 1 or more of the following:

a. The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual.

b. A depicted individual engaging in or being subjected to sexual conduct.

(9) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(10) “Sexual conduct” includes any of the following:

a. Masturbation.

b. Genital, anal, or oral sex.

c. Sexual penetration of, or with, an object.

d. Bestiality.

e. The transfer of semen onto a depicted individual.

(11) “Synthetic media” means an intimate image that has been created or intentionally manipulated with the use of generative adversarial network techniques or other digital technology in a manner to create a realistic but false image, audio, or video.

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