Violation of Privacy (criminal)
DE Violation of Privacy
Communications · Location · Artificial intelligence · Other
Delaware's criminal privacy statute covers trespassing to eavesdrop, hidden recording devices in private places, intercepting or divulging private messages without the consent of all parties, voyeuristic recording, placing a location tracker on someone else's vehicle without the owner's consent, and distributing nude or sexual images, including AI deep fakes, without consent.
- Where
- Delaware
- Citation
- 11 Del. C. § 1335
- Status
- In force
- Last amended
- 2024-10-09
- Enforced by
- Criminal prosecution by the State (Delaware Department of Justice)
- People can sue
- No
- Penalties
- Most violations, including all-party-consent interception, GPS trackers on vehicles, and nonconsensual intimate images, are class A misdemeanors; voyeuristic recordings and aggravated intimate-image offenses are class G felonies (1335(c)).
- Applies to
- Any person in Delaware, except as authorized by law; exemptions for telephone carriers, subpoena responses, and authorized police activity (1335(a)-(b))
Practices it requires
- Do not intercept a private message or conversation by telephone, letter, or other private means without the consent of all parties, or divulge an unlawfully intercepted message.11 Del. C. § 1335(a)(4)-(5)
- Do not install recording, photographing, or listening devices in a private place without consent of those entitled to privacy there.11 Del. C. § 1335(a)(2)-(3)
- Do not knowingly install an electronic or mechanical location tracking device on a motor vehicle without consent of the registered owner, lessor, or lessee (police and parents of minors excepted).11 Del. C. § 1335(a)(8)
- Do not disseminate nude or sexual visual depictions, including deep fakes, knowing the person depicted did not consent and had a reasonable expectation of privacy.11 Del. C. § 1335(a)(9)
Sources
- Official text
- 11 Del. C. ch. 5, subch. VII (Delaware Code Online)
- 84 Del. Laws c. 479, the Amelia Kramer Act (deep fakes; approved Oct. 9, 2024)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The original enactment date (derived from the 1953 Code) was not researched; last_amended uses the approval date of 84 Del. Laws c. 479 because its effective-date clause was not confirmed.
Research reference, not legal advice.