How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) "Artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 1714.46(a)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(b) 1 In an action against a defendant who developed, modified, or used artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 1714.46(a) that is alleged to have caused a harm to the plaintiff, it shall not be a defense, and the defendant may not assert, that the artificial intelligenceArtificial intelligence"Artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.Civ. Code § 1714.46(a) autonomously caused the harm to the plaintiff.
(c)(1)–(2) This section does not limit or preclude a defendant from presenting either of the following: (1) Any other affirmative defense, including evidence relevant to causation or foreseeability. (2) Other evidence relevant to the comparative fault of any other person or entity.
Section 1714.46 establishes a single, targeted rule: a defendant who developed, modified, or used artificial intelligence may not assert that the AI autonomously caused the plaintiff's harm as a defense. This eliminates the "the AI did it, not me" defense from California civil litigation.
The section defines artificial intelligence broadly — covering any engineered or machine-based system that can infer outputs from inputs — and then forecloses one specific defensive theory while expressly preserving all other affirmative defenses. Defendants retain the ability to present evidence on causation, foreseeability, and comparative fault of other persons or entities. The provision does not create new liability; it removes a potential escape valve from existing liability frameworks.