United States · Delaware
Delaware AI laws: what's in force, and what's coming
Delaware has no comprehensive AI statute; its AI laws cover election deepfakes and sexual deepfakes, plus a statutory AI Commission that advises on state AI use and inventories generative AI in state government. In 2025 the legislature directed that commission to build a regulatory sandbox framework for testing agentic AI.
01 / State law
Delaware's AI laws
| Law | Citation | Status | Effective | What it covers |
|---|---|---|---|---|
| Deep fakes in elections | HS 1 for HB 316 (152nd General Assembly), 84 Del. Laws c. 487 | In force | 9 Oct 2024 | Makes it a crime to distribute a deepfake within 90 days of an election to harm a candidate or party or deceive voters, unless it carries an 'altered or artificially generated' disclaimer; candidates may seek injunctions. |
| Sexual deepfakes: civil and criminal remedies | HB 353 (152nd General Assembly), 84 Del. Laws c. 479 | In force | 9 Oct 2024 | Extends intimate-image civil remedies and the violation-of-privacy offense to nude or sexual deepfakes; making such a depiction of a minor is a felony. |
| Artificial Intelligence Commission | HB 333 (152nd General Assembly), 84 Del. Laws c. 307; HB 16 (153rd) | In force | 17 Jul 2024 | Creates a commission to advise the General Assembly and DTI on AI use and safety and to inventory generative AI use across state branches; sunsets July 17, 2034. |
| AI regulatory sandbox framework | HJR 7 (153rd General Assembly) | In force | 23 Jul 2025 | Directs the AI Commission and the Secretary of State to create a regulatory sandbox framework for testing technologies that use agentic AI. |
02 / Bills
Bills that failed, stalled or were vetoed
| Bill | Citation | Status | Date | What it would have covered |
|---|---|---|---|---|
| AI and extended reality in schools pilot | HS 1 for HB 404 (153rd General Assembly) | Pending | Would create a pilot program for AI and XR tools in schools; in Senate Executive Committee as of October 2026. |
03 / Government use
Rules for the state's own AI use
Delaware Artificial Intelligence Commission (HB 333)
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Delaware General Assembly
Delaware General Assembly
Delaware General Assembly
National Conference of State Legislatures
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