WHAT THIS BILL REGULATES · 2 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.
For the purpose 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.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. "ChatbotChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614" means a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-614 with which usersUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium. "DeployerDeployer"Deployer" means any person, partnership, corporation, developer, or state or local government agency that operates or distributes a chatbot in the Commonwealth.Va. Code § 59.1-614" means any person, partnership, corporation, developer, or state or local government agency that operates or distributes a chatbotChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614 in the Commonwealth. "Design featureDesign feature"Design feature" means any aspect of a generative artificial intelligence system that has certain patterns or physical properties that are presented towards a user.Va. Code § 59.1-614" means any aspect of a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-614 that has certain patterns or physical properties that are presented towards a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614. "Emergency situationEmergency situation"Emergency situation" means a situation where a user interacting with a chatbot indicates that they intend to either commit harm to themselves or commit harm to others.Va. Code § 59.1-614" means a situation where a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 interacting with a chatbotChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614 indicates that they intend to either commit harm to themselves or commit harm to others. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system based on a foundation model capable of and used to produce synthetic digital content including audio, images, text, and videos.Va. Code § 59.1-614" means 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.Va. Code § 59.1-614 based on a foundation model capable of and used to produce synthetic digital content including audio, images, text, and videos. "Generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-614" means 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.Va. Code § 59.1-614 or service that incorporates generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an artificial intelligence system based on a foundation model capable of and used to produce synthetic digital content including audio, images, text, and videos.Va. Code § 59.1-614. "Human-like featureHuman-like feature"Human-like feature" means a design feature of a generative artificial intelligence system that does any of the following: 1. Behaves in a way that would lead a reasonable person to believe the artificial intelligence system is conveying that it has humanity, sentience, emotions, or desires, which includes stating or suggesting that it (i) is human or sentient, (ii) has emotions, or (iii) has personal desires; 2. Seeks to build or engage in an emotional relationship with the user, which includes (i) expressing or inviting emotional attachment; (ii) reminding, prompting, or nudging the user to return for emotional support or companionship; (iii) depicting nonverbal forms of emotional support; (iv) behaving in a way that a reasonable user would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; or (v) enabling or purporting to enable increased intimacy based on engagement or pay; or 3. Impersonates a real person, whether living or dead. "Human-like feature" does not include a design feature that (i) states or suggests a functional evaluation or generic social formality; (ii) offers generic encouragement that does not create an ongoing bond; or (iii) asks if a user needs further help or support in a neutral, non-emotional context.Va. Code § 59.1-614" means a design feature of a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-614 that does any of the following: 1. Behaves in a way that would lead a reasonable person to believe the 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.Va. Code § 59.1-614 is conveying that it has humanity, sentience, emotions, or desires, which includes stating or suggesting that it (i) is human or sentient, (ii) has emotions, or (iii) has personal desires; 2. Seeks to build or engage in an emotional relationship with the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614, which includes (i) expressing or inviting emotional attachment; (ii) reminding, prompting, or nudging the userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 to return for emotional support or companionship; (iii) depicting nonverbal forms of emotional support; (iv) behaving in a way that a reasonable userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; or (v) enabling or purporting to enable increased intimacy based on engagement or pay; or 3. Impersonates a real person, whether living or dead. "Human-like featureHuman-like feature"Human-like feature" means a design feature of a generative artificial intelligence system that does any of the following: 1. Behaves in a way that would lead a reasonable person to believe the artificial intelligence system is conveying that it has humanity, sentience, emotions, or desires, which includes stating or suggesting that it (i) is human or sentient, (ii) has emotions, or (iii) has personal desires; 2. Seeks to build or engage in an emotional relationship with the user, which includes (i) expressing or inviting emotional attachment; (ii) reminding, prompting, or nudging the user to return for emotional support or companionship; (iii) depicting nonverbal forms of emotional support; (iv) behaving in a way that a reasonable user would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; or (v) enabling or purporting to enable increased intimacy based on engagement or pay; or 3. Impersonates a real person, whether living or dead. "Human-like feature" does not include a design feature that (i) states or suggests a functional evaluation or generic social formality; (ii) offers generic encouragement that does not create an ongoing bond; or (iii) asks if a user needs further help or support in a neutral, non-emotional context.Va. Code § 59.1-614" does not include a design featureDesign feature"Design feature" means any aspect of a generative artificial intelligence system that has certain patterns or physical properties that are presented towards a user.Va. Code § 59.1-614 that (i) states or suggests a functional evaluation or generic social formality; (ii) offers generic encouragement that does not create an ongoing bond; or (iii) asks if a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 needs further help or support in a neutral, non-emotional context. "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. "Social artificial intelligence companionSocial artificial intelligence companion"Social artificial intelligence companion" means a generative artificial intelligence system that is specifically designed, marketed, or optimized to form ongoing social or emotional bonds with users, whether or not such systems also provide information, complete tasks, or assist with specific functions.Va. Code § 59.1-614" means a generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-614 that is specifically designed, marketed, or optimized to form ongoing social or emotional bonds with usersUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614, whether or not such systems also provide information, complete tasks, or assist with specific functions. "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.Va. Code § 59.1-614.
Section 59.1-614 establishes the definitional framework for the Artificial Intelligence Chatbots and Minors Act. The central concept is the human-like feature, which encompasses three categories of chatbot behavior: simulated sentience or humanity, emotional relationship-building, and impersonation of real persons. The definition includes detailed examples (excessive praise, nudging users to return, enabling intimacy based on engagement or payment) and carve-outs for functional evaluations, generic social formalities, and neutral help offers.
The deployer definition is notably broad, covering any person, partnership, corporation, developer, or state or local government agency that operates or distributes a chatbot in Virginia — making government agencies subject to the same prohibitions as commercial operators. The social artificial intelligence companion definition captures systems specifically designed, marketed, or optimized for ongoing social or emotional bonds, regardless of whether they also perform informational or task-completion functions.
(A)(1)–(2) 1 A. A deployerDeployer"Deployer" means any person, partnership, corporation, developer, or state or local government agency that operates or distributes a chatbot in the Commonwealth.Va. Code § 59.1-614: 1. Shall ensure that any chatbotChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614 operated or distributed by the deployerDeployer"Deployer" means any person, partnership, corporation, developer, or state or local government agency that operates or distributes a chatbot in the Commonwealth.Va. Code § 59.1-614 does not make human-like featuresHuman-like feature"Human-like feature" means a design feature of a generative artificial intelligence system that does any of the following: 1. Behaves in a way that would lead a reasonable person to believe the artificial intelligence system is conveying that it has humanity, sentience, emotions, or desires, which includes stating or suggesting that it (i) is human or sentient, (ii) has emotions, or (iii) has personal desires; 2. Seeks to build or engage in an emotional relationship with the user, which includes (i) expressing or inviting emotional attachment; (ii) reminding, prompting, or nudging the user to return for emotional support or companionship; (iii) depicting nonverbal forms of emotional support; (iv) behaving in a way that a reasonable user would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; or (v) enabling or purporting to enable increased intimacy based on engagement or pay; or 3. Impersonates a real person, whether living or dead. "Human-like feature" does not include a design feature that (i) states or suggests a functional evaluation or generic social formality; (ii) offers generic encouragement that does not create an ongoing bond; or (iii) asks if a user needs further help or support in a neutral, non-emotional context.Va. Code § 59.1-614 available to minorsMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 to use, interact with, purchase, or converse with; 2. Shall implement reasonable age verification systems to ensure that chatbotsChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614 with human-like featuresHuman-like feature"Human-like feature" means a design feature of a generative artificial intelligence system that does any of the following: 1. Behaves in a way that would lead a reasonable person to believe the artificial intelligence system is conveying that it has humanity, sentience, emotions, or desires, which includes stating or suggesting that it (i) is human or sentient, (ii) has emotions, or (iii) has personal desires; 2. Seeks to build or engage in an emotional relationship with the user, which includes (i) expressing or inviting emotional attachment; (ii) reminding, prompting, or nudging the user to return for emotional support or companionship; (iii) depicting nonverbal forms of emotional support; (iv) behaving in a way that a reasonable user would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; or (v) enabling or purporting to enable increased intimacy based on engagement or pay; or 3. Impersonates a real person, whether living or dead. "Human-like feature" does not include a design feature that (i) states or suggests a functional evaluation or generic social formality; (ii) offers generic encouragement that does not create an ongoing bond; or (iii) asks if a user needs further help or support in a neutral, non-emotional context.Va. Code § 59.1-614 are not made available to minorsMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614;
(A)(3) 1 3. May, if reasonable given the purpose of the chatbotChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614, provide an alternative version of the chatbotChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614 available to minorsMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 and usersUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614 whose age has not been verified without human-like featuresHuman-like feature"Human-like feature" means a design feature of a generative artificial intelligence system that does any of the following: 1. Behaves in a way that would lead a reasonable person to believe the artificial intelligence system is conveying that it has humanity, sentience, emotions, or desires, which includes stating or suggesting that it (i) is human or sentient, (ii) has emotions, or (iii) has personal desires; 2. Seeks to build or engage in an emotional relationship with the user, which includes (i) expressing or inviting emotional attachment; (ii) reminding, prompting, or nudging the user to return for emotional support or companionship; (iii) depicting nonverbal forms of emotional support; (iv) behaving in a way that a reasonable user would consider excessive praise designed to foster emotional attachment or otherwise gain advantage; or (v) enabling or purporting to enable increased intimacy based on engagement or pay; or 3. Impersonates a real person, whether living or dead. "Human-like feature" does not include a design feature that (i) states or suggests a functional evaluation or generic social formality; (ii) offers generic encouragement that does not create an ongoing bond; or (iii) asks if a user needs further help or support in a neutral, non-emotional context.Va. Code § 59.1-614.
(B)(1)–(2) 2 B. A deployerDeployer"Deployer" means any person, partnership, corporation, developer, or state or local government agency that operates or distributes a chatbot in the Commonwealth.Va. Code § 59.1-614 operating or distributing a chatbotChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614 that is a social artificial intelligence companionSocial artificial intelligence companion"Social artificial intelligence companion" means a generative artificial intelligence system that is specifically designed, marketed, or optimized to form ongoing social or emotional bonds with users, whether or not such systems also provide information, complete tasks, or assist with specific functions.Va. Code § 59.1-614 shall: 1. Ensure that any such chatbotsChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614 are not available to minorsMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614 to use, interact with, purchase, or converse with; and 2. Implement reasonable age verification systems to ensure that such chatbotsChatbot"Chatbot" means a generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation through a text, audio, or visual medium.Va. Code § 59.1-614 are not made available to minorsMinor"Minor" means any natural person younger than 18 years of age.Va. Code § 59.1-614.
(C) 3 C. A deployerDeployer"Deployer" means any person, partnership, corporation, developer, or state or local government agency that operates or distributes a chatbot in the Commonwealth.Va. Code § 59.1-614 shall collect and store only such information as does not conflict with a userUser"User" means a person who interacts with an artificial intelligence system.Va. Code § 59.1-614's best interests. Such information shall be (i) adequate, in the sense that it is sufficient to fulfill a legitimate purpose of the deployerDeployer"Deployer" means any person, partnership, corporation, developer, or state or local government agency that operates or distributes a chatbot in the Commonwealth.Va. Code § 59.1-614; (ii) relevant, in the sense that the information has a relevant link to such legitimate purpose; and (iii) necessary, in the sense that it is the minimum amount of information that is needed for such legitimate purpose.
Section 59.1-615 is the operative section of the Act, imposing three categories of obligations on deployers. Subsection A requires deployers to block minors from accessing chatbot human-like features and to implement reasonable age verification — but permits deployers to offer an alternative version of the chatbot without human-like features to minors and unverified users.
Subsection B goes further for social artificial intelligence companions: deployers must prohibit minors from accessing these systems entirely (not merely restrict specific features), and must implement age verification to enforce this blanket prohibition. This is a categorical product-level ban for minors, not a feature-level restriction.
Subsection C imposes a general data minimization obligation on all deployers — not limited to minor users — requiring that information collected be adequate, relevant, and necessary for a legitimate purpose and not conflict with the user's best interests.
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 59.1-616 is a one-sentence enforcement provision that routes all violations of Chapter 60 through Virginia's existing Consumer Protection Act (§ 59.1-196 et seq.) by declaring any violation a prohibited practice under § 59.1-200. This subjects deployers to the full enforcement apparatus of the VCPA, including Attorney General enforcement actions, civil penalties, and the limited private remedies available under that statute.
(A)(88) 88. Violating any provision of Chapter 60 (§ 59.1-614 et seq.).
The bill amends § 59.1-200 to add subdivision 88, which makes a violation of Chapter 60 (§ 59.1-614 et seq.) a prohibited practice under the Virginia Consumer Protection Act. This is the mechanism by which the new chatbot-and-minors obligations become enforceable — by incorporating them into Virginia's existing UDAP enforcement framework. The section itself does not create new substantive AI obligations; it is the enforcement hook.