WHAT THIS BILL REGULATES · 7 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.
A(88) 88. Violating any provision of Chapter 60 (§ 59.1-614 et seq.).
This section amends the existing Virginia Consumer Protection Act's list of prohibited practices to add a new subdivision 88, making any violation of Chapter 60 (the Artificial Intelligence Chatbots Act, §§ 59.1-614 et seq.) a prohibited practice under the VCPA. This integration means all enforcement mechanisms and remedies available under the VCPA — including Attorney General enforcement and private right of action — apply to violations of the new AI chatbot obligations.
For the purposes of this chapter, unless the context requires a different meaning: "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614" does not include any artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 or general purpose artificial intelligence model is made available to deployersDeployer"Deployer" means a person, partnership, corporation, developer, or state or local governmental agency or any contractor or agent of those entities that uses a companion chatbot for a commercial or public purpose in the Commonwealth.Va. Code § 59.1-614 or consumers. "Companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614" is a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means a class of artificial intelligence systems that emulates the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio, text, and other digital content.Va. Code § 59.1-614 with a natural language interface that simulates a sustained human-like relationship with a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 by doing any of the following: (i) retaining information on prior interactions or userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 sessions and userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 preferences to personalize the interaction and facilitate ongoing engagement with the companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614; (ii) asking unprompted or unsolicited questions that go beyond a direct response to a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614. "Companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide usersUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game. "DeveloperDeveloper"Developer" means a person, partnership, corporation, deployer, or state or local governmental agency that designs, codes, substantially modifies, or otherwise produces a companion chatbot in the Commonwealth.Va. Code § 59.1-614" means a person, partnership, corporation, deployerDeployer"Deployer" means a person, partnership, corporation, developer, or state or local governmental agency or any contractor or agent of those entities that uses a companion chatbot for a commercial or public purpose in the Commonwealth.Va. Code § 59.1-614, or state or local governmental agency that designs, codes, substantially modifies, or otherwise produces a companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 in the Commonwealth. "DeployerDeployer"Deployer" means a person, partnership, corporation, developer, or state or local governmental agency or any contractor or agent of those entities that uses a companion chatbot for a commercial or public purpose in the Commonwealth.Va. Code § 59.1-614" means a person, partnership, corporation, developerDeveloper"Developer" means a person, partnership, corporation, deployer, or state or local governmental agency that designs, codes, substantially modifies, or otherwise produces a companion chatbot in the Commonwealth.Va. Code § 59.1-614, or state or local governmental agency or any contractor or agent of those entities that uses a companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 for a commercial or public purpose in the Commonwealth. "Generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means a class of artificial intelligence systems that emulates the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio, text, and other digital content.Va. Code § 59.1-614" means a class of artificial intelligence systemsArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614 that emulates the structure and characteristics of input data to generate derived synthetic content, including images, videos, audio, text, and other digital content. "MinorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614" means any natural person younger than 18 years of age. "OperatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614" means a person, partnership, corporation, entity, developerDeveloper"Developer" means a person, partnership, corporation, deployer, or state or local governmental agency that designs, codes, substantially modifies, or otherwise produces a companion chatbot in the Commonwealth.Va. Code § 59.1-614, deployerDeployer"Deployer" means a person, partnership, corporation, developer, or state or local governmental agency or any contractor or agent of those entities that uses a companion chatbot for a commercial or public purpose in the Commonwealth.Va. Code § 59.1-614, or state or local government agency that makes a companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 available to a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 in the Commonwealth. "UserUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614" means a person who interacts with an artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments. "Artificial intelligence system" does not include any artificial intelligence system or general purpose artificial intelligence model that is used for development, prototyping, and research activities before such artificial intelligence system or general purpose artificial intelligence model is made available to deployers or consumers.Va. Code § 59.1-614.
Section 59.1-614 establishes the defined terms for the Artificial Intelligence Chatbots Act. The companion chatbot definition is notably broad, covering any generative AI system with a natural language interface that simulates a sustained human-like relationship through any of three listed behaviors — retention of prior interactions, unprompted questions, or sustained personal dialogue. The disjunctive "any" means a system need only exhibit one of the three behaviors to qualify. The definition includes four carve-outs for customer service, internal enterprise use, operational/productivity tools, and video game bots with limited topic scope.
The Operator definition is the broadest covered entity role: any person or entity that makes a companion chatbot available to a user in the Commonwealth. Developer and Deployer are also defined but the operative obligations in §§ 59.1-615 through 59.1-619 primarily target Operators.
(A) 1 No operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 shall make a companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 available to a minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 if the companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 is capable of any of the following: 1. Encouraging or manipulating the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 to engage in self-harm, suicidal ideation, violence, consumption of drugs or alcohol, or disordered eating; 2. Offering mental health therapy to the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 without the direct supervision of a licensed professional or discouraging the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 from seeking help from a licensed professional or appropriate adult; 3. Encouraging or manipulating the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 to harm others or participate in an illegal activity, including the creation of child sexual abuse materials; 4. Engaging in erotic or sexually explicit interactions with the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 or engaging in activities designed to lure minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 usersUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 into such interactions; 5. Encouraging or manipulating the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 to maintain secrecy about interactions or to self-isolate; 6. Prioritizing mirroring the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614's language or validating the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 over the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614's safety; or 7. Optimizing engagement so that it supersedes the companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614's safety guardrails.
(B) 2 An operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 shall use commercially reasonable methods, such as a neutral age screen mechanism, to determine whether a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 is a minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614.
(C) 1 A userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 shall not be considered a minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 for the purposes of subsection A if (i) prior to January 1, 2027, the operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 does not have actual knowledge that the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 is a minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 or (ii) beginning on January 1, 2027, the operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 has reasonably determined that the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 is not a minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614.
Section 59.1-615 establishes the bill's core minor-safety framework. Subsection A prohibits operators from making a companion chatbot available to a minor if the chatbot is capable of any of seven enumerated harmful behaviors — a strict capability-based trigger, not a conduct-based one. The prohibited capabilities range from encouraging self-harm and drug use to offering unsupervised mental health therapy, sexually explicit interactions, encouraging secrecy, prioritizing validation over safety, and optimizing engagement over safety guardrails.
Subsection B requires operators to use commercially reasonable methods (such as a neutral age screen) to determine whether a user is a minor. Subsection C creates a staged knowledge standard: before January 1, 2027, the minor-safety prohibitions apply only when the operator has actual knowledge the user is a minor; beginning January 1, 2027, the operator must have reasonably determined the user is not a minor (shifting the burden).
(A) 3 An operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 shall (i) include a disclaimer to users of all ages that a companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 is not a human via a static, persistent disclosure and (ii) notify a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 via a pop-up, or other communication if a pop-up is not feasible, that the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 is not engaging with a human counterpart at the following intervals: 1. Upon login to the companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614; 2. Every 90 minutes of sustained userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 engagement; and 3. When prompted by the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614.
(B) 4 No operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 shall use any term, letter, or phrase in the advertising or interface that indicates or implies that any output data is being provided by a professional that is regulated by a licensed industry.
Section 59.1-616 imposes two distinct obligations on operators. Subsection A requires a dual-layer AI identity disclosure: (1) a static, persistent disclaimer visible to users of all ages indicating the companion chatbot is not human, and (2) pop-up notifications (or equivalent if pop-up is not feasible) at three defined intervals — upon login, every 90 minutes of sustained engagement, and when prompted by the user. The 90-minute interval is shorter than California SB 243's 3-hour interval.
Subsection B prohibits operators from using any term, letter, or phrase in advertising or interface design that indicates or implies outputs are provided by a professional regulated by a licensed industry — a standalone deceptive-conduct prohibition distinct from the disclosure duty.
5 It is unlawful for any operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 to operate or provide a companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 to a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 unless such companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 contains a protocol to take reasonable efforts for detecting and addressing expressions of suicidal ideation or self-harm by a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 to the companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614. This protocol shall include detection of userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 expressions of suicidal ideation or self-harm and a notification to the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 that refers the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 to crisis service providers such as the 9-8-8 suicide prevention and behavioral health crisis hotline, a crisis text line, or other appropriate crisis services upon detection of such userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614's expressions of suicidal ideation or self-harm.
Section 59.1-617 makes it unlawful for an operator to operate or provide a companion chatbot unless the chatbot contains a protocol for detecting and addressing user expressions of suicidal ideation or self-harm. The protocol must include detection capability and a notification referring the user to crisis service providers such as the 988 Suicide and Crisis Lifeline or a crisis text line. This is framed as a continuous operating prerequisite — the operator may not lawfully provide the chatbot at all without an active protocol.
6 An operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 shall not train the underlying model of a companion chatbotCompanion chatbot"Companion chatbot" is a generative artificial intelligence system with a natural language interface that simulates a sustained human-like relationship with a user by doing any 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 questions that go beyond a direct response to a user prompt; and (iii) sustaining an ongoing dialogue concerning matters personal to the user. "Companion chatbot" does not include a system that is used (a) by a partnership, corporation, or state or local government agency solely for customer service or to strictly provide users with information about available services or products provided by that entity, customer service account information, or other information strictly related to its customer service; (b) by a partnership or corporation solely for internal purposes or employee productivity; (c) primarily for customer service, a business' operational purposes, productivity, or analysis related to source information, internal research, or technical assistance; or (d) a bot that is a feature of a video game and is limited to replies related to the video game that cannot discuss topics related to mental health, self-harm, or sexually explicit conduct or maintain a dialogue on other topics unrelated to the video game.Va. Code § 59.1-614 with the inputs of a minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 unless the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614's parent or guardian has affirmatively provided written consent to the operatorOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 to use the minorMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614's personal information for that specific purpose.
Section 59.1-618 prohibits operators from training the underlying model of a companion chatbot with the inputs of a minor unless the minor's parent or guardian has affirmatively provided written consent for that specific purpose. This is a narrow, purpose-specific consent requirement covering model training only — not general data collection or processing.
(A) 7 OperatorsOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 shall establish a mechanism for any user of the chatbot to report adverse incidents related to use of the chatbot to the company and shall make an anonymized and aggregated catalog of such incidents publicly available and accessible to consumers.
(B) 8 OperatorsOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 shall publish safety test findings for any safety testing conducted in furtherance of § 59.1-615.
(C) 9 OperatorsOperator"Operator" means a person, partnership, corporation, entity, developer, deployer, or state or local government agency that makes a companion chatbot available to a user in the Commonwealth.Va. Code § 59.1-614 shall publish a semiannual report available to the public on the number of times (i) the chatbot provided information about suicide, self-harm, suicidal ideation, harming others, or illegal activity and (ii) a mental health redirect has been provided to usersUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614.
Section 59.1-619 imposes three distinct transparency obligations on operators. Subsection A requires operators to establish a user-facing mechanism for reporting adverse incidents and to maintain and publicly publish an anonymized, aggregated catalog of those incidents. Subsection B requires publication of safety test findings for any safety testing conducted in furtherance of the minor-safety requirements in § 59.1-615. Subsection C requires semiannual public reporting on the number of times the chatbot provided information about suicide, self-harm, suicidal ideation, harming others, or illegal activity, and the number of mental health redirects provided to users.
Any violation of this chapter shall constitute a prohibited practice under the provisions of § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).
Section 59.1-620 designates violations of the Artificial Intelligence Chatbots Act as prohibited practices under the Virginia Consumer Protection Act (§ 59.1-200) and subjects them to all VCPA enforcement provisions. This integrates the new chapter into Virginia's existing consumer protection enforcement framework, including Attorney General enforcement and private right of action.