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 existing law by adding a new paragraph to RSA 639:3, which specifies that owners or operators of online services, including AI chat programs, can be charged with endangering the welfare of a child if they knowingly direct harmful communications to minors. The bill outlines specific prohibited actions, including sexually explicit conduct, drug or alcohol use, self-harm, and violence against others.

Additionally, the bill introduces a new enforcement section under RSA 507, allowing the attorney general to take action against violators, including seeking damages and injunctive relief. It mandates that the attorney general must provide written notice of violations and a 90-day period for the owner or operator to address the issues before legal action is initiated. The bill also stipulates that damages for violations will not be less than $1,000 per incident. Notably, the bill exempts cloud service providers and certain AI applications related to entertainment from these provisions. 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