Delaware looks to be at the forefront of states to create civil and criminal penalties for distributing intimate artificial intelligence (AI) generated images.
House Bill 353 would make it illegal to disclose deep fake images of individuals in the nude or engaging in sexual conduct.
“Artificial intelligence can be used for nefarious purposes, particularly when it’s used to injure individuals by sharing intimate images or what may look like them against an individual’s wishes," the bill's sponsor State Rep. Krista Griffith (D-Wilmington) said.
Under the legislation, deep fake refers to synthetic media that would reasonably appear to depict a real individual saying or doing something that did not actually occur, and/or depict a false appearance, action or speech of a real person.
Griffith said the bill stemmed from an instance that happened in New Jersey, but she soon heard the story of 15-year-old Delaware resident Amelia Kramer, now 17, who had intimate artificial images disseminated of her.
Kramer spoke in support of the bill during its hearing in the House Judiciary Committee, explaining the minor who created the images of her could only be charged with harassment at the time of the incident.
“It is imperative that the laws be put in place to protect innocent people, especially children and teens, so that predators can be held accountable in the court of law, and so victims no longer feel powerless as I did," she said.
The bill would create a felony for adults who generate intimate visual depictions of minors, and it would create a misdemeanor for minors who commit the same act.
Griffith also introduced a bill to create the Delaware Artificial Intelligence Commission, which would be tasked with making recommendations to the General Assembly and Department of Technology and Information on AI utilization within the state.
Additionally, State Rep. Cyndie Romer (D-Newark) introduced AI-related legislation this session. Currently awaiting a committee hearing, the bill would restrict the distribution of election-related deep fakes within 90 days of an election.
House bill 353 was unanimously voted out of committee from the members present and will now head to the House floor for consideration.
