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    Revenge Porn Laws in Delaware (2026): Your Rights and What to Do

    Delaware criminalizes sharing an intimate image without consent under its violation-of-privacy statute, and separately gives victims a dedicated civil claim under the Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act. A 2024 law extended both routes to reach certain deepfake and digitally altered images.

    Delaware at a Glance

    Statute
    Violation of Privacy — 11 Del. C. § 1335
    Criminal classification
    Class A misdemeanor; Class G felony for aggravated circumstances
    Maximum penalty
    Up to one year in jail and a $2,300 fine for the misdemeanor; up to two years in prison for the Class G felony
    Can you sue?
    Yes — 10 Del. C. § 7803 (Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act)
    Time limit to sue
    Generally two years for personal-injury style claims under 10 Del. C. § 8119, though the civil-remedies chapter should be checked for any specific deadline
    Deepfakes / AI images
    Covered

    Is Revenge Porn Illegal in Delaware?

    Yes. 11 Del. C. § 1335 makes it a violation of privacy to knowingly and without consent distribute, or threaten to distribute, an intimate image of another identifiable person under circumstances in which the person had a reasonable expectation of privacy.

    An intimate image generally means a photograph, film or video depicting the genitals, pubic area, anus, or female breast, or a person engaged in sexual conduct. Sharing the image with even one other person, or posting it online, is enough to trigger liability.

    A 2024 amendment updated the statute and related Title 10 civil provisions so that certain images created or manipulated using digital or artificial-intelligence technology are also covered, not just images captured by a camera.

    Penalties for Sharing Intimate Images in Delaware

    A first, non-aggravated violation of § 1335 involving an intimate image is generally a Class A misdemeanor, carrying up to one year in jail and a fine of up to $2,300. Aggravating circumstances, such as distributing the image for profit or a repeat offense, can elevate the charge to a Class G felony, punishable by up to two years in prison.

    Related Delaware offenses can apply alongside a revenge-porn charge, including harassment, stalking, and extortion where the person demands money or further images in exchange for silence.

    Where the images depict a minor, Delaware's child pornography and sexual exploitation of a child statutes apply instead and carry far more serious felony penalties.

    Can I Sue Someone in Delaware?

    Yes. Delaware enacted the Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, codified at 10 Del. C. §§ 7801-7809, which lets a depicted person sue whoever disclosed the intimate image without consent, independently of any criminal case.

    Available remedies typically include compensatory and punitive damages, injunctive relief requiring takedown, and reasonable attorney's fees and costs. Where the images were shared in breach of a written agreement between the two of you, that agreement is strong evidence there was no consent to share, and a contract claim can often be added.

    Speak to a Delaware attorney promptly about the applicable filing deadline, since general personal-injury style claims are typically subject to a two-year limitation period.

    Does Delaware Cover Deepfakes and AI Images?

    Yes, to an extent. Delaware's 2024 deepfake legislation (Laws of Delaware, Chapter 479) amended Titles 10 and 11 to reach certain sexual images that were created or altered using digital or artificial-intelligence tools, rather than only images that were genuinely recorded.

    Because this is a relatively recent change, the exact scope for every fact pattern is still developing, so anyone dealing with an AI-generated image should get specific advice. The federal TAKE IT DOWN Act separately requires covered platforms to remove reported nonconsensual intimate imagery, including deepfakes, within 48 hours of a valid request.

    What to Do Right Now If Your Images Were Shared in Delaware

    1. 1

      Preserve the Evidence Before Reporting It

      Save screenshots showing the post, the account name, the full URL, and the date and time. Keep original messages and files, and store copies somewhere the other person cannot reach. Do not rely on a post staying online.

    2. 2

      Use the Platform's Intimate-Image Report

      Choose the nonconsensual intimate imagery or sexual-content reporting route rather than a general complaint. Keep confirmation emails and case numbers. Covered platforms also have federal notice-and-removal duties for valid reports.

    3. 3

      Use StopNCII.org to Limit Re-Uploads

      For adult images, StopNCII creates a digital fingerprint on your own device and shares the hash, not the image, with participating platforms. If the image was taken while you were under 18, use NCMEC's Take It Down service instead.

    4. 4

      Report It in Delaware

      Contact your local police department and refer to 11 Del. C. § 1335, mentioning the 2024 amendment if the image was AI-generated or altered. Flag any threats, stalking or extortion, because separate offenses may apply.

    5. 5

      Get Advice About the Civil Claim

      Ask a Delaware attorney about a civil claim under the Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, 10 Del. C. §§ 7801-7809, and about breach of any written agreement.

    Be Safer With a Written NDA as Evidence

    Most of Delaware's law is about what happens after the damage is done. The one thing you can do beforehand is put the boundary in writing. A Discreetly agreement is signed by both people, timestamped, and identity-verifiable, and it states plainly that neither person has consent to share, publish or show the material to anyone else.

    Where the law turns on the absence of consent to share, a signed agreement may provide useful documentary evidence that there was no consent to share. It cannot prevent a breach or guarantee a legal outcome, but it can make the agreed boundary clearer than relying only on informal messages. Creating one is free.

    Create a free agreement

    Delaware: Frequently Asked Questions

    Is revenge porn a felony in Delaware?
    A first, non-aggravated violation is generally a Class A misdemeanor with up to one year in jail. Aggravated conduct, such as distribution for profit or a repeat offense, can be charged as a Class G felony carrying up to two years.
    Does Delaware law cover AI deepfake nudes?
    Yes, to an extent. A 2024 amendment extended both the criminal violation-of-privacy statute and the civil remedies act to reach certain images created or altered with digital or AI technology.
    Can I sue someone in Delaware for sharing intimate images?
    Yes. The Delaware Uniform Civil Remedies for Unauthorized Disclosure of Intimate Images Act, 10 Del. C. §§ 7801-7809, lets you sue for damages and injunctive relief regardless of any criminal case.
    Do I have to prove they wanted to hurt me?
    No. The offense and civil claim turn on knowing, non-consensual distribution of an intimate image where there was a reasonable expectation of privacy, not on a revenge motive.
    What if the image was recorded without me knowing?
    Delaware's violation-of-privacy statute also addresses secret surveillance and recording, which can apply separately from any later distribution of the image.

    Sources

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    This page provides general information about Delaware law and is not legal advice. Laws change and outcomes depend on the facts. For advice on your situation, speak to a qualified attorney licensed in Delaware. Last reviewed August 2026.