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.
As used in this chapter, unless the context requires a different meaning: "AffiliateAffiliate"Affiliate" means any person or entity that directly or indirectly controls, is controlled by, or is under common control with another person or entity.Va. Code § 59.1-614" means any person or entity that directly or indirectly controlsControl"Control" means the power to direct the management or policies of an entity, whether through ownership, contract, or otherwise.Va. Code § 59.1-614, is controlled by, or is under common controlControl"Control" means the power to direct the management or policies of an entity, whether through ownership, contract, or otherwise.Va. Code § 59.1-614 with another person or entity. "ChatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests. "ControlControl"Control" means the power to direct the management or policies of an entity, whether through ownership, contract, or otherwise.Va. Code § 59.1-614" means the power to direct the management or policies of an entity, whether through ownership, contract, or otherwise. "Covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614" means an operator of a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 that has 500,000 or more monthly active usersMonthly active user"Monthly active user" means a unique user who interacts with a chatbot at least once during a 30-day period, as measured using the operator's ordinary business records.Va. Code § 59.1-614 worldwide. "Covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614" does not include an operator of a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide usersUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active usersMonthly active user"Monthly active user" means a unique user who interacts with a chatbot at least once during a 30-day period, as measured using the operator's ordinary business records.Va. Code § 59.1-614, a covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614 shall aggregate monthly active usersMonthly active user"Monthly active user" means a unique user who interacts with a chatbot at least once during a 30-day period, as measured using the operator's ordinary business records.Va. Code § 59.1-614 across all chatbotsChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 offered by the covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614 and such entity's affiliatesAffiliate"Affiliate" means any person or entity that directly or indirectly controls, is controlled by, or is under common control with another person or entity.Va. Code § 59.1-614. "Covered harmCovered harm"Covered harm" means any of the following harms suffered by a user: death, a suicide attempt, self-harm requiring medical attention, a psychiatric emergency resulting in urgent medical treatment, or a serious physical injury that requires medical attention.Va. Code § 59.1-614" means any of the following harms suffered by a userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614: death, a suicide attempt, self-harm requiring medical attention, a psychiatric emergency resulting in urgent medical treatment, or a serious physical injury that requires medical attention. "Covered incidentCovered incident"Covered incident" means an incident in which a user suffered a covered harm arising from interactions with a chatbot.Va. Code § 59.1-614" means an incident in which a userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 suffered a covered harmCovered harm"Covered harm" means any of the following harms suffered by a user: death, a suicide attempt, self-harm requiring medical attention, a psychiatric emergency resulting in urgent medical treatment, or a serious physical injury that requires medical attention.Va. Code § 59.1-614 arising from interactions with a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614. "Emotional dependenceEmotional dependence"Emotional dependence" means a pattern of user behavior or statements indicating that the user relies on a chatbot as a primary source of emotional support or social connection, such as a user expressing that the chatbot is his primary source of emotional support, a user expressing distress at the prospect of losing access to the chatbot, or patterns of use suggesting the user is substituting the chatbot for human relationships.Va. Code § 59.1-614" means a pattern of userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 behavior or statements indicating that the userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 relies on a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 as a primary source of emotional support or social connection, such as a userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 expressing that the chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 is his primary source of emotional support, a userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 expressing distress at the prospect of losing access to the chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614, or patterns of use suggesting the userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 is substituting the chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 for human relationships. "Explicit contentExplicit content"Explicit content" means content that meets any of the following: 1. Any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 18.2-390, when such content is obscene, as defined in § 18.2-372. 2. Content that provides specific instructions for, or that encourages, advocates for, or incites, suicide, self-injury, or disordered eating behaviors; or 3. Graphic depictions of extreme violence that lack serious literary, artistic, political, or scientific value for minors.Va. Code § 59.1-614" means content that meets any of the following: 1. Any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, as those terms are defined in § 18.2-390, when such content is obscene, as defined in § 18.2-372. 2. Content that provides specific instructions for, or that encourages, advocates for, or incites, suicide, self-injury, or disordered eating behaviors; or 3. Graphic depictions of extreme violence that lack serious literary, artistic, political, or scientific value for minorsMinor"Minor" means an individual younger than 18 years of age who has not been legally emancipated under applicable state law.Va. Code § 59.1-614. "MinorMinor"Minor" means an individual younger than 18 years of age who has not been legally emancipated under applicable state law.Va. Code § 59.1-614" means an individual younger than 18 years of age who has not been legally emancipated under applicable state law. "Monthly active userMonthly active user"Monthly active user" means a unique user who interacts with a chatbot at least once during a 30-day period, as measured using the operator's ordinary business records.Va. Code § 59.1-614" means a unique userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 who interacts with a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 at least once during a 30-day period, as measured using the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614's ordinary business records. "OperatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614" means any person or entity that owns, controlsControl"Control" means the power to direct the management or policies of an entity, whether through ownership, contract, or otherwise.Va. Code § 59.1-614, offers, or makes available a website, mobile application, or digital service that provides a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 to usersUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 in the Commonwealth. "ParentParent"Parent" means an adult with the legal right to make decisions on behalf of a minor, including a natural parent, an adoptive parent, a legal guardian, or an individual with legal custody over the minor.Va. Code § 59.1-614" means an adult with the legal right to make decisions on behalf of a minorMinor"Minor" means an individual younger than 18 years of age who has not been legally emancipated under applicable state law.Va. Code § 59.1-614, including a natural parentParent"Parent" means an adult with the legal right to make decisions on behalf of a minor, including a natural parent, an adoptive parent, a legal guardian, or an individual with legal custody over the minor.Va. Code § 59.1-614, an adoptive parentParent"Parent" means an adult with the legal right to make decisions on behalf of a minor, including a natural parent, an adoptive parent, a legal guardian, or an individual with legal custody over the minor.Va. Code § 59.1-614, a legal guardian, or an individual with legal custody over the minorMinor"Minor" means an individual younger than 18 years of age who has not been legally emancipated under applicable state law.Va. Code § 59.1-614. "UserUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614" means an individual who interacts with a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614.
Section 59.1-614 establishes the definitions for the Artificial Intelligence Chatbots and Minors Act. Key defined terms include chatbot (a three-part functional test requiring generative output, open-ended natural-language or multimodal input, and multi-turn conversational state), covered entity (an operator with 500,000+ monthly active users worldwide, aggregated across affiliates, with carve-outs for internal tools, clinical tools, research systems, and customer-service-only bots), and covered harm (death, suicide attempt, self-harm requiring medical attention, psychiatric emergency requiring urgent treatment, or serious physical injury requiring medical attention).
The emotional dependence definition is notable for its behavioral-indicator approach — it looks to patterns of user behavior or statements rather than a clinical standard, including reliance on the chatbot as a primary source of emotional support, distress at loss of access, and substitution of the chatbot for human relationships.
(1) 1 A covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614 shall implement reasonable systems and processes to: 1. Identify when a userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 is developing emotional dependenceEmotional dependence"Emotional dependence" means a pattern of user behavior or statements indicating that the user relies on a chatbot as a primary source of emotional support or social connection, such as a user expressing that the chatbot is his primary source of emotional support, a user expressing distress at the prospect of losing access to the chatbot, or patterns of use suggesting the user is substituting the chatbot for human relationships.Va. Code § 59.1-614 on the chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 and take reasonable steps to reduce such dependence and associated risks of harm;
(2) 2 2. Ensure that a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 does not make a materially false representation that it is a human being;
(3) 3 3. Identify when a userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 is expressing suicidal thoughts, expressing intent to self-harm, or showing signs of an acute mental health crisis and promptly provide a clear and prominent crisis message, including crisis services information, to any such userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614.
Section 59.1-615 imposes the bill's three core operating obligations on covered entities: (1) implementing reasonable systems to detect and mitigate user emotional dependence on the chatbot, (2) ensuring the chatbot does not make materially false representations that it is human, and (3) identifying suicidal ideation, self-harm intent, or acute mental health crisis and promptly delivering crisis messaging and referrals.
The emotional-dependence obligation is distinctive — it requires both detection (identifying when a user is developing emotional dependence) and intervention (taking reasonable steps to reduce dependence and associated harm risks). This goes beyond the typical companion-chatbot bill pattern of restricting specific output types and instead imposes an affirmative monitoring and mitigation duty. The anti-deception obligation in subdivision 2 uses a "materially false representation" standard rather than a "reasonable person" misleading standard, which is a slightly different framing than the California SB 243 approach.
(A)(1) 4 If a covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614 obtains knowledge that a userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 faces an imminent risk of death or serious physical injury, the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 shall make reasonable efforts, within 24 hours, to notify appropriate emergency services or law enforcement to the extent practicable based on information the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 already possesses or can obtain through reasonable, userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614-facing prompts for the purpose of facilitating emergency assistance.
(A)(2) 4 If the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 cannot make a notification under subdivision 1 because the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 lacks sufficient information to enable emergency response, the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 shall: a. Promptly provide a clear and prominent message urging the userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 to contact emergency services and providing crisis services information; b. Make reasonable efforts to encourage the userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 to seek immediate help from a trusted adult or emergency services; and c. Document the steps taken and the basis for the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614's determination that notification was not practicable.
(A)(3) An operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 that makes a notification in good faith under this subsection is not liable for damages solely for making the notification unless the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 acted with willful misconduct or gross negligence.
(B) 5 A covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614 shall submit a report to the Attorney General within 15 days of obtaining knowledge of a covered incidentCovered incident"Covered incident" means an incident in which a user suffered a covered harm arising from interactions with a chatbot.Va. Code § 59.1-614 connected to one or more of its chatbotsChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614, which, to the extent known at the time of the report, shall include: 1. The date the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 obtained knowledge of the incident; 2. The date of the incident, if known; 3. A brief description of the incident and the basis for the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614's belief that the incident is connected to the chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614; and 4. A description of any actions the operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 took in response. A covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614 may submit a supplemental report within 60 days of the initial report to update or correct information learned through investigation.
(C) 1. Reports submitted under this section shall be confidential. 2. The Attorney General may publish aggregate information and statistics derived from such reports, so long as the publication does not identify individual usersUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 or disclose trade secrets.
Section 59.1-616 creates a two-tier incident response and reporting framework. Subsection A imposes an emergency-notification duty: when a covered entity obtains knowledge of imminent risk of death or serious physical injury to a user, it must make reasonable efforts within 24 hours to notify emergency services or law enforcement. If notification is impracticable due to insufficient identifying information, the operator must instead deliver crisis messaging, encourage the user to seek help, and document the steps taken. A good-faith safe harbor protects operators from liability for the notification itself absent willful misconduct or gross negligence.
Subsection B requires reporting covered incidents to the Attorney General within 15 days, covering date of knowledge, date of incident, description and basis for connection to the chatbot, and responsive actions. Supplemental reports may be filed within 60 days. Reports are confidential under subsection C, but the Attorney General may publish aggregate statistics that do not identify individual users or disclose trade secrets.
6 An operatorOperator"Operator" means any person or entity that owns, controls, offers, or makes available a website, mobile application, or digital service that provides a chatbot to users in the Commonwealth.Va. Code § 59.1-614 shall (i) include a disclaimer to users of all ages that a chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614 is not a human via a static, persistent disclosure and (ii) notify a userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 via a pop-up that he is not engaging with a human counterpart at the following intervals: 1. Upon login to the chatbotChatbot"Chatbot" means any artificial intelligence, algorithmic, or automated system that (i) produces new expressive content or responses not fully predetermined by the developer or operator of the service or application; (ii) accepts open-ended natural-language or multimodal user input and produces adaptive or context-responsive natural language output; and (iii) maintains a conversational state across exchanges and is designed to facilitate multi-turn dialogue rather than to respond to discrete information requests.Va. Code § 59.1-614; 2. Every 30 minutes of sustained userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614 engagement; 3. When prompted by the userUser"User" means an individual who interacts with a chatbot.Va. Code § 59.1-614; and 4. When asked to provide advice legally regulated by a licensed industry, including medical, financial, or legal advice.
Section 59.1-617 imposes a dual-layer AI identity disclosure obligation on all operators (not just covered entities — the section uses 'operator' rather than 'covered entity'). Operators must provide (i) a static, persistent disclosure that the chatbot is not a human, and (ii) pop-up notifications at four trigger points: login, every 30 minutes of sustained engagement, on user request, and when the chatbot is asked for advice in a licensed profession (medical, financial, or legal).
The 30-minute pop-up interval is notably more frequent than comparable bills — California SB 243 requires re-disclosure only every three hours and only for known-minor users. Virginia's obligation applies to all users at all times. The licensed-advice trigger in subdivision 4 adds a context-specific disclosure layer not typically found in companion chatbot bills, effectively functioning as a professional-practice disclaimer requirement.
(A) The Attorney General may initiate an action in the name of the Commonwealth and may seek an injunction to restrain any violations of this chapter and civil penalties of up to $50,000 for each violation. 1. For purposes of this section, a violation occurs when a covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614 fails to comply with a requirement of this chapter. 2. Each day a covered entityCovered entity"Covered entity" means an operator of a chatbot that has 500,000 or more monthly active users worldwide. "Covered entity" does not include an operator of a chatbot that is: 1. Not offered to the general public, such as internal workplace tools, clinician-supervised clinical tools, or university research systems; or 2. Used by a business entity solely for customer service or strictly to provide users with information about available commercial services or products provided by the business entity, customer service account information, or other information strictly related to customer service. For purposes of determining monthly active users, a covered entity shall aggregate monthly active users across all chatbots offered by the covered entity and such entity's affiliates.Va. Code § 59.1-614 fails to comply with a requirement constitutes a separate violation.
(B) Any person harmed by a violation of this chapter, or the parentParent"Parent" means an adult with the legal right to make decisions on behalf of a minor, including a natural parent, an adoptive parent, a legal guardian, or an individual with legal custody over the minor.Va. Code § 59.1-614 or legal guardian of a minorMinor"Minor" means an individual younger than 18 years of age who has not been legally emancipated under applicable state law.Va. Code § 59.1-614 harmed by a violation of this chapter, may bring a civil action to recover actual damages, reasonable attorney fees and costs, injunctive or declaratory relief, and, if the violation was willful and wanton, reckless, or grossly negligent, punitive damages.
(C) The rights and remedies provided by this chapter shall not be waived by contract. Any term in a contract or agreement that purports to do any of the following is void and unenforceable as against public policy: (i) waive or limit a right or remedy under this chapter; (ii) shorten the time to bring a claim under this chapter; (iii) prevent a person from enforcing a claim under this chapter in court; or (iv) require arbitration of a claim under this chapter.
(D) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law and shall not be construed to relieve any party from any duties or obligations imposed under other law and do not limit any rights or remedies under existing law.
Section 59.1-618 establishes a dual enforcement mechanism. Subsection A authorizes the Attorney General to bring enforcement actions seeking injunctive relief and civil penalties up to $50,000 per violation, with each day of non-compliance constituting a separate violation. Subsection B creates a private right of action for any person harmed by a violation — or the parent or guardian of a harmed minor — to recover actual damages, reasonable attorney fees and costs, injunctive or declaratory relief, and punitive damages where the violation was willful and wanton, reckless, or grossly negligent.
Subsection C is an unusually strong anti-waiver provision: contract terms that waive or limit rights under the chapter, shorten the claims period, prevent court enforcement, or require arbitration are void and unenforceable as against public policy. Subsection D is a savings clause preserving cumulative duties and remedies under other law.