DE HB260

Creates a new crime under Delaware Code §1335(a)(9) for knowingly reproducing, distributing, or disseminating intimate images of a person without consent when the person had a reasonable expectation of privacy.

Defines "nude" to include genitals, pubic area, buttocks, and female breast below the areola, and "sexual conduct" to include actual or simulated sexual contact, intercourse, penetration, masturbation, bestiality, sadism, masochism, and explicit representations of bodily functions.

Establishes five aggravating factors that constitute elements of the offense: obtaining images without consent (including through theft or unauthorized computer access), distribution for profit, maintaining websites to disseminate images, distributing with intent to harass causing significant mental anguish, and pairing images with personally identifiable information.

Provides exceptions to the crime when consent is given, images involve minors without commercial purpose, dissemination occurs in law enforcement or legal proceedings, person consented to commercial use, person voluntarily appeared nude in public, or dissemination serves a legitimate public purpose.

Classifies violation of §1335(a)(9) as a class A misdemeanor for basic violations, and as a class G felony for aggravated violations under §1335(a)(9)c. or (a)(9)d.