Delaware Code Title 10 Sec. 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.
Terms Used In Delaware Code Title 10 Sec. 7804
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image meets any of the following:
(1) Made in good faith in any of the following:
a. Law enforcement.
b. A legal proceeding.
c. Medical education or treatment.
(2) Made in good faith in the reporting or investigation of 1 or more of the following:
a. Unlawful conduct.
b. Unsolicited and unwelcome conduct.
(3) Related to a matter of public concern or public interest.
(4) Reasonably intended to assist the depicted individual.
(c) Subject to subsection (d) of this section, a defendant who is a parent or guardian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined under § 7802(7)a. of this title, of the child.
(d) If a defendant asserts an exception to liability under subsection (c) of this section, the exception does not apply if the plaintiff proves the disclosure was any of the following:
(1) Prohibited by law other than this chapter.
(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.
(e) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.