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147th General Assembly
House Bill # 260 w/HA 2

Primary Sponsor: Bennett Additional Sponsor(s):    Rep. Keeley & Rep. Walker & Sen. Peterson
CoSponsors: Reps. Dukes, Hudson, Jaques, Paradee, Ramone, Scott, B. Short, M. Smith, Viola, K. Williams; Sens. Poore, Townsend
Introduced on : 03/13/2014
Long Title:AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO VIOLATION OF PRIVACY.
Synopsis of Orginal Bill:
(without Amendments)
This bill adds to the existing crime of Violation of Privacy additional prohibited conduct related to the non-consensual dissemination of visual depictions containing nudity or sexual acts, conduct popularly referred to as “revenge porn”. “Revenge porn” typically refers to the situation where visual depictions are consensually given to an intimate partner who, after the end of the relationship, later disseminates them without the consent of the person depicted. As a result, the person depicted unwillingly becomes sexual entertainment for strangers and the person’s career and standing within the community can be negatively impacted.

The bill details six situations that would aggravate this offense: (1) obtaining the visual depiction without the consent of the person depicted, (2) committing the offense for profit, (3) maintaining an internet website, online service, online application, or mobile application for the purpose of committing this offense, (4) committing this offense with the intent to harass, annoy, or alarm the person depicted, (5) committing this offense and pairing the visual depiction with personally identifiable information of the person depicted, and (6) committing this offense within 5 years of a prior conviction for this offense.

This bill makes clear that in addition to when the consent of the person depicted is given, certain currently lawful conduct is not intended to be made unlawful by the addition of this paragraph to the crime of Violation of Privacy.

This bill further amends the existing crime of Violation of Privacy to make this offense a class B misdemeanor and to make this offense, when aggravated, a class G felony.
Current Status: Senate Passed   On   06/30/2014 09:02:34 PM
Full text of Legislation:
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Full text of Legislation:
(in MS Word format)
Legis.Docx   (Microsoft Word is required to view this document.)

Fiscal Notes/Fee Impact:Not Required
Amendments: HA 1 to HB 260 - Stricken
HA 2 to HB 260 - Passed
Committee Reports:
House Committee Report 06/11/14 F=1 M=5 U=2---->Committee Report
Senate Committee report 06/26/14 F=0 M=4 U=0----->Committee Report
Voting Reports:
House vote: () Passed 6/24/2014 6:27:55 PM------->Voting Record
Senate vote: () Passed 6/30/2014 9:02:34 PM------->Voting Record
Engrossed Version:
Engrossment------->Engrossment
Actions History:
Jun 30, 2014 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 26, 2014 - Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
Jun 24, 2014 - Assigned to Judiciary Committee in Senate
Jun 24, 2014 - Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jun 24, 2014 - Amendment HA 2 - Passed in House by Voice Vote
Jun 24, 2014 - Amendment HA 1 - Stricken
Jun 12, 2014 - Amendment HA 2 - Introduced and Placed With Bill
Jun 11, 2014 - Reported Out of Committee (JUDICIARY) in House with 1 Favorable, 5 On Its Merits, 2 Unfavorable
Apr 09, 2014 - Amendment HA 1 - Introduced and Placed With Bill
Mar 13, 2014 - Introduced and Assigned to Judiciary Committee in House
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