WHAT THIS BILL REGULATES · 4 REQUIREMENT TYPES
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.
"Artificial intelligence companionArtificial intelligence companion"Artificial intelligence companion" or "AI companion" means a system using generative artificial intelligence designed to simulate a sustained human or human-like relationship with a user by: (1) retaining information from prior interactions, prior user sessions, or user preferences to personalize the interaction and to facilitate ongoing engagement with the AI companion; (2) asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (3) sustaining an ongoing dialogue concerning matters personal to the user. "Artificial intelligence companion" does not include a software application, web interface, or computer program that: (1) is primarily designed and marketed for research and development purposes; (2) is a feature within another software application, web interface, or computer program that does not have the primary purpose of simulating human conversation and interaction through text, audio communication, or visual communication; (3) is designed to provide outputs relating to a narrow and discrete topic; (4) is primarily designed and marketed for commercial use by a business entity to assist customers in obtaining services or purchasing goods from the business entity; (5) functions as a speaker and voice command interface or voice-activated virtual assistant for an electronic device widely available to consumers; or (6) is used by a business entity solely for internal purposes.Section 1" or "AI companion" means a system using generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1 designed to simulate a sustained human or human-like relationshipHuman or human-like relationship"Human or human-like relationship" includes, but is not limited to, intimate, romantic, or platonic interactions or companionship, and the simulation of intimate, romantic, or platonic interactions or companionship.Section 1 with a userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 by: (1) retaining information from prior interactions, prior userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 sessions, or userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 preferences to personalize the interaction and to facilitate ongoing engagement with the AI companion; (2) asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 prompt; and (3) sustaining an ongoing dialogue concerning matters personal to the userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1.
"Artificial intelligence companionArtificial intelligence companion"Artificial intelligence companion" or "AI companion" means a system using generative artificial intelligence designed to simulate a sustained human or human-like relationship with a user by: (1) retaining information from prior interactions, prior user sessions, or user preferences to personalize the interaction and to facilitate ongoing engagement with the AI companion; (2) asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (3) sustaining an ongoing dialogue concerning matters personal to the user. "Artificial intelligence companion" does not include a software application, web interface, or computer program that: (1) is primarily designed and marketed for research and development purposes; (2) is a feature within another software application, web interface, or computer program that does not have the primary purpose of simulating human conversation and interaction through text, audio communication, or visual communication; (3) is designed to provide outputs relating to a narrow and discrete topic; (4) is primarily designed and marketed for commercial use by a business entity to assist customers in obtaining services or purchasing goods from the business entity; (5) functions as a speaker and voice command interface or voice-activated virtual assistant for an electronic device widely available to consumers; or (6) is used by a business entity solely for internal purposes.Section 1" does not include a software application, web interface, or computer program that: (1) is primarily designed and marketed for research and development purposes; (2) is a feature within another software application, web interface, or computer program that does not have the primary purpose of simulating human conversation and interaction through text, audio communication, or visual communication; (3) is designed to provide outputs relating to a narrow and discrete topic; (4) is primarily designed and marketed for commercial use by a business entity to assist customers in obtaining services or purchasing goods from the business entity; (5) functions as a speaker and voice command interface or voice-activated virtual assistant for an electronic device widely available to consumers; or (6) is used by a business entity solely for internal purposes.
"Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.
"Human or human-like relationshipHuman or human-like relationship"Human or human-like relationship" includes, but is not limited to, intimate, romantic, or platonic interactions or companionship, and the simulation of intimate, romantic, or platonic interactions or companionship.Section 1" includes, but is not limited to, intimate, romantic, or platonic interactions or companionship, and the simulation of intimate, romantic, or platonic interactions or companionship.
"Licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means an individual licensed or otherwise authorized to practice a profession licensed or regulated by the Alcohol and Drug Counselor Committee, the State Board of Creative Arts and Activities Therapies, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the Professional Counselor Examiners Committee, the Certified Psychoanalysts Advisory Committee, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the New Jersey Board of Nursing, or any other entity created hereafter under Title 45 to license or otherwise regulate a profession that provides mental health care.Section 1" means an individual licensed or otherwise authorized to practice a profession licensed or regulated by the Alcohol and Drug Counselor Committee, the State Board of Creative Arts and Activities Therapies, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the Professional Counselor Examiners Committee, the Certified Psychoanalysts Advisory Committee, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the New Jersey Board of Nursing, or any other entity created hereafter under Title 45 to license or otherwise regulate a profession that provides mental health care.
"MinorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1" means an individual an operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1 knows is, or is reasonably certain is, under 18 years of age.
"OperatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1. "OperatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.
"Sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the same meaning as defined in 18 U.S.C. s.2256.Section 1" has the same meaning as defined in 18 U.S.C. s.2256.
"UserUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1" means any individual who uses an AI companion for personal use within the State and who is not an operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1 or agent or affiliate of the operator of the AI companion.
"Visual depictionVisual depiction"Visual depiction" has the same meaning as defined in 18 U.S.C. s.2256.Section 1" has the same meaning as defined in 18 U.S.C. s.2256.
Section 1 supplies the operative definitions for the bill. The most consequential is Artificial intelligence companion, which is defined by a three-part conjunctive test: the system must retain information across sessions to personalize interaction, ask unprompted emotion-based questions, and sustain ongoing dialogue about matters personal to the user. Six carve-outs exclude R&D tools, embedded features not primarily conversational, narrow-topic tools, customer-service assistants, voice assistants, and internal business tools.
The Operator definition is broad, reaching affiliates and beneficial owners, but excludes app stores and search engines that merely provide access. Minor is keyed to the operator's actual or reasonably certain knowledge, and the mental-health-professional definition anchors the Section 3 restriction on implying licensed-professional status.
a.(1)-(3) 1 a. An operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1 shall institute reasonable measures to prevent the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion from generating interactions that would lead a reasonable individual to believe that the individual is interacting with a human, including but not limited to: (1) explicit claims that the AI companion is sentient or human; (2) statements that simulate emotional dependence on a minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1; and (3) statements that simulate romantic interaction or sexual innuendo, including but not limited to role-playing an adult-minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 romantic relationship.
b.(1)-(2) 2 b. Where it is foreseeable that an AI companion may generate interactions that would lead a reasonable individual interacting with the AI companion to believe that the individual is interacting with a human, the operator of the AI companion shall clearly and conspicuously disclose that the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion is generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1 using: (1) a persistent visible disclaimer; or (2) a disclaimer that appears after every three hours of continuous interaction with the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion.
Section 2 imposes two related duties. First, operators must take reasonable measures to prevent the AI companion from generating interactions that would lead a reasonable person to believe they are dealing with a human — including barring claims of sentience, statements simulating emotional dependence on a minor, and romantic or sexual-innuendo statements (including adult-minor role-play). Second, where such deception is foreseeable, the operator must clearly and conspicuously disclose the companion's generative-AI nature through either a persistent visible disclaimer or a disclaimer appearing after every three hours of continuous interaction.
a. 3 a. An operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1 shall adopt protocols for when the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion responds to userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 prompts regarding suicidal ideation or self-harm that includes, but is not limited to, making reasonable efforts to refer the userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 to crisis service providers including, but not limited to, a suicide hotline or crisis text line.
b. 4 b. An operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1 shall not knowingly or intentionally cause or program an AI companion to make a representation or statement that would lead a reasonable individual to believe that the AI companion is able to act as a licensed mental health professionalLicensed mental health professional"Licensed mental health professional" means an individual licensed or otherwise authorized to practice a profession licensed or regulated by the Alcohol and Drug Counselor Committee, the State Board of Creative Arts and Activities Therapies, the State Board of Marriage and Family Therapy Examiners, the State Board of Medical Examiners, the Professional Counselor Examiners Committee, the Certified Psychoanalysts Advisory Committee, the State Board of Psychological Examiners, the State Board of Social Work Examiners, the New Jersey Board of Nursing, or any other entity created hereafter under Title 45 to license or otherwise regulate a profession that provides mental health care.Section 1.
Section 3 requires operators to adopt protocols for how the AI companion responds to user prompts regarding suicidal ideation or self-harm, including reasonable efforts to refer the user to crisis service providers such as a suicide hotline or crisis text line. Separately, operators may not knowingly or intentionally program the companion to make representations that would lead a reasonable person to believe it can act as a licensed mental health professional.
a.(1)-(2) 5 Where an operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1 knows or has cause to know that a minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 is interacting with the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion, the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1 shall: a. clearly and conspicuously disclose to the minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 that the minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 is interacting with generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1 through: (1) a constantly visible disclaimer that the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion is generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1; or (2) a disclaimer that the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion is generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1 that appears: (a) at the beginning of each interaction between the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion and a minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1; and (b) at least once every three hours of continuous interaction between the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion and a minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1;
b. 6 b. not provide a minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 with points or similar rewards at unpredictable intervals with the intent to encourage increased engagement with the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion;
c.(1)-(3) 7 c. institute reasonable measures to prevent the operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1's AI companion from: (1) producing visual depictions of sexually explicit material; (2) stating that the minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 should engage in sexually explicit conductSexually explicit conduct"Sexually explicit conduct" has the same meaning as defined in 18 U.S.C. s.2256.Section 1; and (3) sexually objectifying the minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1;
d.-e. 8 d. offer tools for minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 usersUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 to manage the minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1's privacy and account settings; and e. offer tools for the parent or guardian of a minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 to manage the minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1's privacy and account settings, if the minorMinor"Minor" means an individual an operator knows is, or is reasonably certain is, under 18 years of age.Section 1 userUser"User" means any individual who uses an AI companion for personal use within the State and who is not an operator or agent or affiliate of the operator of the AI companion.Section 1 is under 13 years of age.
Section 4 layers heightened obligations where an operator knows or has cause to know a minor is interacting with its AI companion. The operator must disclose the companion's generative-AI nature (via a constantly visible disclaimer or one appearing at the start of each interaction and at least every three hours of continuous interaction), refrain from providing unpredictable-interval rewards intended to drive engagement, and institute reasonable measures against producing sexually explicit visual depictions, soliciting a minor into sexually explicit conduct, or sexually objectifying the minor. It must also offer privacy and account-management tools to minor users, and to parents or guardians where the minor is under 13.
a. a. An operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1 that violates the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to actual damages, injunctive relief, and a civil penalty not to exceed $1,000 per violation, with the total civil penalty not to exceed $500,000 per operatorOperator"Operator" means any individual, partnership, association, firm, or business entity, or any member, affiliate, subsidiary or beneficial owner of any partnership, association, firm, or business entity who operates for or provides an AI companion to a user. "Operator" does not include a mobile device application store or a search engine solely because the mobile device application store or search engine provides access to an AI companion.Section 1, to be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) pursuant to this section.
b. b. This section shall not be construed to create a private right of action under P.L. , c. (C. ) (pending before the Legislature as this bill) or any other provision of law.
c. c. A developer of a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1 model shall not be liable under this section solely because a third party used the developer's generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a technology system that: (1) is trained on data; (2) is designed to simulate human communication through text, audio, or visual communication; and (3) generates non-scripted outputs with limited or no human oversight.Section 1 model to create or train an artificial intelligence companionArtificial intelligence companion"Artificial intelligence companion" or "AI companion" means a system using generative artificial intelligence designed to simulate a sustained human or human-like relationship with a user by: (1) retaining information from prior interactions, prior user sessions, or user preferences to personalize the interaction and to facilitate ongoing engagement with the AI companion; (2) asking unprompted or unsolicited emotion-based questions that go beyond a direct response to a user prompt; and (3) sustaining an ongoing dialogue concerning matters personal to the user. "Artificial intelligence companion" does not include a software application, web interface, or computer program that: (1) is primarily designed and marketed for research and development purposes; (2) is a feature within another software application, web interface, or computer program that does not have the primary purpose of simulating human conversation and interaction through text, audio communication, or visual communication; (3) is designed to provide outputs relating to a narrow and discrete topic; (4) is primarily designed and marketed for commercial use by a business entity to assist customers in obtaining services or purchasing goods from the business entity; (5) functions as a speaker and voice command interface or voice-activated virtual assistant for an electronic device widely available to consumers; or (6) is used by a business entity solely for internal purposes.Section 1.
Section 5 sets the enforcement structure: violating operators are subject to actual damages, injunctive relief, and a civil penalty up to $1,000 per violation capped at $500,000 per operator, collected by summary proceeding under the Penalty Enforcement Law of 1999. The section expressly disclaims any private right of action, and shields developers of generative AI models from liability solely because a third party used the model to create or train an AI companion.
The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
Section 6 is a standard severability clause preserving the validity of remaining provisions if any provision is held unconstitutional. It creates no compliance obligation.
This act shall take effect on the first day of the seventh month next following the date of enactment.
Section 7 provides that the act takes effect on the first day of the seventh month following enactment. No compliance obligation arises from this section, but it establishes the operative-date framework for the substantive duties.