Delaware House Bill 260 (Prior Session Legislation)

---

Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 13-3)
Status: Passed on August 12 2014 - 100% progression
Action: 2014-08-12 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

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.

An Act To Amend Title 11 Of The Delaware Code Relating To Violation Of Privacy.

Rep. Andria Bennett [D]	Rep. Helene Keeley [D]	Rep. Rebecca Walker [D]	Sen. Karen Peterson [D]
Rep. Timothy Dukes [R]	Rep. Deborah Hudson [R]	Rep. Earl Jaques [D]	Sen. Charles Paradee [D]
Rep. Michael Ramone [R]	Rep. Darryl Scott [D]	Rep. Bryon Short [D]	Rep. Melanie Smith [D]
Rep. John Viola [D]	Rep. Kimberly Williams [D]	Sen. Nicole Poore [D]	Sen. Bryan Townsend [D]

2014-06-30 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]
2014-06-24 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2014-08-12	House	Signed by Governor
2014-06-30	Senate	Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2014-06-26	Senate	Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
2014-06-24	Senate	Assigned to Judiciary Committee in Senate
2014-06-24	House	Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2014-06-24	House	Amendment HA 2 - Passed in House by Voice Vote
2014-06-24	House	Amendment HA 1 - Stricken
2014-06-12	House	Amendment HA 2 - Introduced and Placed With Bill
2014-06-11	House	Reported Out of Committee (JUDICIARY) in House with 1 Favorable, 5 On Its Merits, 2 Unfavorable
2014-04-09	House	Amendment HA 1 - Introduced and Placed With Bill
2014-03-13	House	Introduced and Assigned to Judiciary Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis147.nsf/2bede841c6272c888025698400433a04/7c02f7e9face4c4385257c57004802a3?OpenDocument
Text	http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+260/$file/legis.html?open
Text	http://legis.delaware.gov/LIS/lis147.nsf/EngrossmentsforLookup/HB+260/$file/Engross.html?open
Roll Call	http://legis.delaware.gov/LIS/lis147.nsf/7712cf7cc0e9227a852568470077336f/c0455a493cc8ad1385257d01007b67e4?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis147.nsf/7712cf7cc0e9227a852568470077336f/8359c2f88b81ae7385257d080005ba67?OpenDocument