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 the welfare of a child 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 section under RSA 507 that allows for enforcement actions against these owners or operators. 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 damages for violations will not be less than $1,000 per incident. 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