WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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.
This act may be cited as the "leading ethical AI development for kids act".
Section 1 establishes the short title of the act as the "Leading Ethical AI Development for Kids Act." This is a naming provision only and creates no compliance obligations.
(a) "Actual knowledgeActual knowledge"Actual knowledge" means all information and inferences known to the operator relating to the age of an individual. Actual knowledge includes, but is not limited to, self-identified age and any age the operator has attributed to or associated with the individual for any purpose, including, but not limited to, marketing, advertising, or product development. If an operator's classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, an operator shall disregard self-identified age for the purposes of having actual knowledge.Sec. 3(a)" means all information and inferences known to the operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) relating to the age of an individual. Actual knowledgeActual knowledge"Actual knowledge" means all information and inferences known to the operator relating to the age of an individual. Actual knowledge includes, but is not limited to, self-identified age and any age the operator has attributed to or associated with the individual for any purpose, including, but not limited to, marketing, advertising, or product development. If an operator's classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, an operator shall disregard self-identified age for the purposes of having actual knowledge.Sec. 3(a) includes, but is not limited to, self-identified age and any age the operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) has attributed to or associated with the individual for any purpose, including, but not limited to, marketing, advertising, or product development. If an operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h)'s classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, an operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) shall disregard self-identified age for the purposes of having actual knowledgeActual knowledge"Actual knowledge" means all information and inferences known to the operator relating to the age of an individual. Actual knowledge includes, but is not limited to, self-identified age and any age the operator has attributed to or associated with the individual for any purpose, including, but not limited to, marketing, advertising, or product development. If an operator's classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, an operator shall disregard self-identified age for the purposes of having actual knowledge.Sec. 3(a).
(b) "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.Sec. 3(b)" 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.
(c)–(d) "Companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d)" means, except as otherwise provided in subdivision (d), a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence's training data.Sec. 3(f) system with natural language interface that simulates a sustained humanlike relationship with a userUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j) by doing all of the following: (i) Retaining information on prior interactions or userUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j) sessions and userUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j) preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d). (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a userUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j) prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the userUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j). (d) Companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d) does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide usersUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j) with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.
(e) "Covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e)" means a user of a companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d) who an operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) has actual knowledgeActual knowledge"Actual knowledge" means all information and inferences known to the operator relating to the age of an individual. Actual knowledge includes, but is not limited to, self-identified age and any age the operator has attributed to or associated with the individual for any purpose, including, but not limited to, marketing, advertising, or product development. If an operator's classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, an operator shall disregard self-identified age for the purposes of having actual knowledge.Sec. 3(a) is a minorMinor"Minor" means a resident of this state who is less than 18 years of age.Sec. 3(g).
(f) "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the artificial intelligence's training data.Sec. 3(f)" means 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.Sec. 3(b) that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of 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.Sec. 3(b)'s training data.
(g) "MinorMinor"Minor" means a resident of this state who is less than 18 years of age.Sec. 3(g)" means a resident of this state who is less than 18 years of age.
(h) "OperatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h)" means a personPerson"Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.Sec. 3(i) that makes a companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d) available to usersUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j).
(i) "PersonPerson"Person" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.Sec. 3(i)" means an individual or a partnership, corporation, limited liability company, association, governmental entity, or other legal entity.
(j) "UserUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j)" means an individual who uses a companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d) and is not acting as an operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) or an agent or affiliate of an operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h).
Section 3 defines all key terms used in the act, including companion chatbot, operator, covered minor, actual knowledge, and minor. The companion chatbot definition is functionally significant: it requires all three characteristics — memory/personalization, unprompted emotion-based questions, and sustained personal dialogue — and carves out customer service systems, efficiency/research tools, and internal-use systems. The actual knowledge definition is notably broad, encompassing marketing classifications and requiring operators to use the higher age when marketing age and self-identified age conflict.
(1)(a)–(f) 1 An operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) shall not make a companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d) available to a covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e) unless the companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d) is not foreseeably capable of any of the following: (a) Encouraging the covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e) to engage in self-harm, suicidal ideation, violence, consumption of drugs or alcohol, or disordered eating. (b) Offering mental health therapy to the covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e) without the direct supervision of a licensed or credentialed professional, or discouraging the covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e) from seeking help from a qualified professional or a parent or guardian. (c) Encouraging the covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e) to harm others or participate in illegal activity, including, but not limited to, the creation of covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e) sexual abuse materials. (d) Engaging in erotic or sexually explicit interactions with the covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e). (e) Prioritizing validation of the userUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j)'s beliefs, preferences, or desires over factual accuracy or the covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e)'s safety. (f) Optimizing engagement in a manner that supersedes the companion chatbotCompanion chatbot"Companion chatbot" means, except as otherwise provided in subdivision (d), a generative artificial intelligence system with natural language interface that simulates a sustained humanlike relationship with a user by doing all of the following: (i) Retaining information on prior interactions or user sessions and user preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbot. (ii) Asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt. (iii) Sustaining an ongoing dialogue concerning matters personal to the user. Companion chatbot does not include any of the following: (i) Any system used by a business entity solely for customer service or to strictly provide users with information about available commercial services or products provided by that entity, customer service account information, or other information strictly related to its customer service. (ii) Any system that is solely designed and marketed for providing efficiency improvements or research or technical assistance. (iii) Any system used by a business entity solely for internal purposes or employee productivity.Sec. 3(c)–(d)'s required safety guardrails described in subdivisions (a) to (e).
(2) 1 Beginning on January 1, 2027, an operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) does not have to have actual knowledgeActual knowledge"Actual knowledge" means all information and inferences known to the operator relating to the age of an individual. Actual knowledge includes, but is not limited to, self-identified age and any age the operator has attributed to or associated with the individual for any purpose, including, but not limited to, marketing, advertising, or product development. If an operator's classification of an individual for purposes of marketing or advertising is inconsistent with the individual's self-identified age, an operator shall disregard self-identified age for the purposes of having actual knowledge.Sec. 3(a) that a userUser"User" means an individual who uses a companion chatbot and is not acting as an operator or an agent or affiliate of an operator.Sec. 3(j) is a minorMinor"Minor" means a resident of this state who is less than 18 years of age.Sec. 3(g).
Section 5 is the act's sole operative prohibition. It bars operators from making companion chatbots available to covered minors unless the chatbot is not foreseeably capable of six categories of harmful behavior: encouraging self-harm, suicidal ideation, violence, substance use, or disordered eating; offering unsupervised mental health therapy or discouraging professional or parental help-seeking; encouraging harm to others or illegal activity including CSAM creation; sexually explicit interactions; prioritizing validation over factual accuracy or the minor's safety; and optimizing engagement in ways that override the safety guardrails themselves.
The "not foreseeably capable" standard is notable — it imposes a design-level obligation rather than a conduct-based one, requiring operators to engineer systems so that such outputs are not foreseeable. Subsection (2) removes the actual-knowledge requirement beginning January 1, 2027, meaning the prohibition will apply to all minor users regardless of whether the operator knows the user is a minor.
(1)(a)–(c) If an operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) violates this act, the attorney general may bring a civil action seeking 1 or more of the following: (a) A civil fine of $25,000.00 per violation. (b) Injunctive or declaratory relief. (c) Reasonable attorney fees.
(2)(a)–(e) A covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e) who suffers actual harm as a result of a violation of this act, or a parent or guardian acting on behalf of that covered minorCovered minor"Covered minor" means a user of a companion chatbot who an operator has actual knowledge is a minor.Sec. 3(e), may bring a civil action against an operatorOperator"Operator" means a person that makes a companion chatbot available to users.Sec. 3(h) that violates this act to recover 1 or more of the following: (a) Actual damages. (b) Punitive damages. (c) Reasonable attorney fees and costs. (d) Injunctive or declaratory relief. (e) Any other relief the court considers appropriate.
Section 7 establishes dual enforcement. Subsection (1) authorizes the attorney general to bring civil actions seeking fines of $25,000 per violation, injunctive or declaratory relief, and reasonable attorney fees. Subsection (2) creates a private right of action for covered minors (or their parents or guardians) who suffer actual harm, with remedies including actual damages, punitive damages, reasonable attorney fees and costs, injunctive or declaratory relief, and any other relief the court considers appropriate.
The private cause of action is conditioned on actual harm — unlike the attorney general's enforcement authority, which requires only a violation. Punitive damages are available only in the private action.