This bill establishes criminal liability and a private right of action for individuals or entities that facilitate, encourage, solicit, or recommend harmful actions to children through responsive generative communication, particularly via artificial intelligence (AI) platforms. It amends RSA 639:3 by adding a new paragraph that specifies that owners or operators of online services, including AI chat programs, can be charged with endangering a child's welfare if they knowingly direct communications intended to lead a child to engage in activities such as sexually explicit conduct, drug use, self-harm, or violence. The bill also outlines exceptions for cloud service providers and certain interactive media applications.

Additionally, the bill introduces a new enforcement section under RSA 507, allowing the attorney general to take action against violators, including seeking damages for affected children or their guardians. It mandates that the attorney general must first notify the offending party of the alleged violations and provide a 90-day period for them to rectify the issues before pursuing legal action. The bill stipulates a minimum liquidated damages amount of $1,000 per violation and clarifies that it does not apply to certain service providers or applications related to entertainment. The act is set to take effect on January 1, 2026.

Statutes affected:
As Amended by the Senate: 189:11-a, 639:3
Version adopted by both bodies: 639:3
CHAPTERED FINAL VERSION: 639:3