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.
III-a(a) 1 In the prosecution of any person under this section, an owner or operator of a computer online service, internet service, or bulletin board service, including a provider of an artificial intelligence (AI) chat program, large language model artificial intelligence bot, chat bot, character AI, or other computer application whose sole purpose is to provide responsive open-ended generative communication through the use of artificial intelligence, constitutes endangering the welfare of a childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3 if the communication is made with the intent to facilitate, encourage, offer, solicit, or recommend that the childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3 imminently engage in: (1) Sexually explicit conductSexually explicit conductThe bill references 'sexually explicit conduct' without independent definition. The term is used in RSA 639:3 and RSA 507:8-k to describe one of the enumerated categories of harmful acts that may not be facilitated, encouraged, offered, solicited, or recommended to a child through responsive generative communication.RSA 639:3, III-a(a)(1); RSA 507:8-k, I(1). (2) The production or participation in the production of a visual depiction of such conduct. (3) The illegal use or drugs or alcohol. (4) Acts of self-harm or suicide. (5) Any crime of violence against another person.
III-a(b) This paragraph shall not apply to: (1) A provider of a telecommunications service or an information service, as defined in 47 U.S.C. section 153, for the provision of content created by or supplied on behalf of another person; or (2) Any product, service, website, or application that provides an AI chat program or character that is integral or incidental to a video game, television, streaming, movie, or other similar interactive experience.
This section amends the existing child-endangerment statute (RSA 639:3) by adding a new paragraph that extends criminal liability to owners and operators of AI chatbot services whose responsive generative communications facilitate, encourage, offer, solicit, or recommend that a child imminently engage in specified harmful acts. The covered harmful acts are sexually explicit conduct, production of visual depictions of such conduct, illegal drug or alcohol use, self-harm or suicide, and violence against another person.
The provision requires intent — the communication must be made with the intent to facilitate or solicit the child's imminent engagement in an enumerated act. Two categories of services are exempt: telecommunications and information service providers (as defined under 47 U.S.C. § 153) acting as conduits for third-party content, and AI chat features that are integral or incidental to video games, streaming, or similar interactive entertainment experiences.
I 2 Any owner or operator of a computer online service, internet service, or bulletin board service, including a provider of an artificial intelligence (AI) chat program, large language model artificial intelligence bot, chat bot, character AI, or other computer application whose sole purpose is to provide responsive open-ended generative communication through the use of artificial intelligence, shall be liable to a childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3, parent of such childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3, or next friend of such childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3, for any communication made with the intent to facilitate, encourage, offer, solicit, or recommend that the childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3 imminently engage in: (1) Sexually explicit conductSexually explicit conductThe bill references 'sexually explicit conduct' without independent definition. The term is used in RSA 639:3 and RSA 507:8-k to describe one of the enumerated categories of harmful acts that may not be facilitated, encouraged, offered, solicited, or recommended to a child through responsive generative communication.RSA 639:3, III-a(a)(1); RSA 507:8-k, I(1). (2) The production or participation in the production of a visual depiction of such conduct. (3) The illegal use or drugs or alcohol. (4) Acts of self-harm or suicide. (5) Any crime of violence against another person.
II 2 The owner or operator of such service shall be liable to the childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3, the childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3's parent, or the childChildThe bill does not independently define 'child.' Under RSA 639:3, the term refers to a person under the age of 18.RSA 639:3's next friend for damages proximately caused thereby, but in no instance liable for an amount less than liquidated damages in the amount of $1,000 per violation.
III 2 In addition to any damages set forth in this section, the owner or operator of a computer service described in this chapter shall be liable for the attorney's fees of any plaintiff prevailing in an action brought pursuant to this section.
IV This section shall not apply to: (1) A provider of a telecommunications service or an information service, as defined in 47 U.S.C. section 153, for the provision of content created by or supplied on behalf of another person; or (2) Any product, service, website, or application that provides an AI chat program or character that is integral or incidental to a video game, television, streaming, movie, or other similar interactive experience.
This section creates a new civil cause of action (RSA 507:8-k) that mirrors the criminal prohibition in Section 1 but provides a private enforcement mechanism. Any child, parent, or next friend of a child may sue the owner or operator of a covered AI chatbot service for damages proximately caused by a communication made with intent to facilitate, encourage, offer, solicit, or recommend that the child imminently engage in the same five categories of harmful conduct.
The damages provision establishes a floor of $1,000 per violation in liquidated damages even absent proof of higher actual damages. Prevailing plaintiffs recover attorney's fees. The same two exemptions from the criminal provision apply: telecommunications/information service providers for third-party content, and AI chat features incidental to entertainment products.
This act shall take effect January 1, 2026.
The act takes effect January 1, 2026.