This bill introduces new legal provisions aimed at criminalizing and establishing a private right of action against individuals or entities that facilitate, encourage, offer, solicit, or recommend harmful actions to children through responsive generative communication, particularly via artificial intelligence (AI) platforms. The bill amends RSA 639:3 by adding a new paragraph (III-a) that specifies that owners or operators of online services, including AI chat programs, can be prosecuted if they communicate with the intent to lead a child to engage in activities such as sexually explicit conduct, drug or alcohol use, self-harm, or violence against others. The bill also clarifies that certain telecommunications and information service providers are exempt from these provisions.

Additionally, the bill creates a new section (507:8-k) in RSA 507 that establishes a private right of action for children or their guardians against the owners or operators of online services for similar harmful communications. It stipulates that these operators can be held liable for damages, with a minimum of $1,000 per violation, and may also be responsible for the plaintiff's attorney fees if they prevail in court. The bill is set to take effect on January 1, 2026, and it is expected to have indeterminable fiscal impacts on state and local governments due to potential increases in judicial and correctional costs, as well as civil litigation.

Statutes affected:
Introduced: 639:3
As Amended by the Senate: 639:3