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 (III-a) that specifies the conditions under which an owner or operator of an online service, including AI chat programs, can be prosecuted for endangering a child's welfare. The bill outlines specific prohibited actions, such as promoting sexually explicit conduct, drug use, self-harm, or violence, and provides exceptions for cloud service providers and certain interactive media.

Additionally, the bill introduces a new section (507:8-k) that allows for enforcement actions against these service providers. It grants the attorney general the authority to pursue damages or injunctive relief against violators, requiring prior notice and a 90-day period for compliance before legal action can be initiated. The bill stipulates that service providers are liable for damages caused by violations, with a minimum liquidated damages amount of $1,000 per violation. The effective date for this legislation is set for 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