§ 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) “Depicted individual” means an individual whose body is shown in whole or in part in an intimate image. (3) “Disclosure” means transfer, publication, or distribution to another person. “Disclose” […]
§ 7803. Civil action. (a) In this section: (1) “Harm” includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm. (2) “Private” means 1 or more of the following: a. Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy. b. Made […]
§ 7804. Exceptions to liability. (a) In this section: (1) “Child” means an unemancipated individual who is less than 18 years of age. (2) “Parent” means an individual recognized as a parent under law of this State other than this chapter. (b) A person is not liable under this chapter if the person proves that […]
§ 7805. Plaintiff’s privacy. In an action under this chapter: (1) The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff. (2) A plaintiff to whom paragraph (1) of this section applies shall file with the court and serve on the defendant a confidential […]
§ 7806. Remedies. (a) In an action under this chapter, a prevailing plaintiff may recover all of the following: (1) The greater of either of the following: a. Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages. b. Statutory […]
§ 7807. Statute of limitations. (a) An action under § 7803(b) of this title for: (1) An unauthorized disclosure may not be brought later than 4 years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence. (2) A threat to disclose may not be brought later […]
§ 7808. Construction. (a) (1) This chapter must be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. § 230. (2) Nothing in this chapter may be construed to impose liability on an interactive computer service, as defined in the Communications Decency Act of 1996, 47 U.S.C. § 230(f)(2), for content […]
§ 7809. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 82 Del. Laws, c. 286, § 1;
