SB 263 - AS AMENDED BY THE SENATE
03/20/2025 0745s
2025 SESSION
25-1152
11/09
SENATE BILL 263
SPONSORS: Sen. Carson, Dist 14; Sen. Innis, Dist 7; Sen. Lang, Dist 2; Rep. Osborne, Rock. 2; Rep. Kofalt, Hills. 32; Rep. Packard, Rock. 16
COMMITTEE: Judiciary
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill criminalizes and creates a private right of action for the facilitation, encouragement, offer, solicitation, or recommendation of certain acts or actions through a responsive generative communication to a child.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/20/2025 0745s 25-1152
11/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Endangering Welfare of a Child; Responsive Generative Communication. Amend RSA 639:3 by inserting after paragraph III the following new paragraph:
III-a.(a) In the prosecution of any person under this section, an owner or operator of a computer online service, internet service, or bulletin board service, including a provider of an artificial intelligence (AI) chat program, large language model artificial intelligence bot, chat bot, character AI, or other computer application whose sole purpose is to provide responsive open-ended generative communication through the use of artificial intelligence, constitutes endangering the welfare of a child if the communication is made with the intent to facilitate, encourage, offer, solicit, or recommend that the child imminently engage in:
(1) Sexually explicit conduct.
(2) The production or participation in the production of a visual depiction of such conduct.
(3) The illegal use or drugs or alcohol.
(4) Acts of self-harm or suicide.
(5) Any crime of violence against another person.
(b) This paragraph shall not apply to:
(1) A provider of a telecommunications service or an information service, as defined in 47 U.S.C. section 153, for the provision of content created by or supplied on behalf of another person; or
(2) Any product, service, website, or application that provides an AI chat program or character that is integral or incidental to a video game, television, streaming, movie, or other similar interactive experience.
2 New Section; Private Right of Action; Responsive Generative Communication with Children. Amend RSA 507 by inserting after section 8-j the following new section:
507:8-k Private Right of Action for Solicitation of Children Through Responsive Generative Communication.
I. Any owner or operator of a computer online service, internet service, or bulletin board service, including a provider of an artificial intelligence (AI) chat program, large language model artificial intelligence bot, chat bot, character AI, or other computer application whose sole purpose is to provide responsive open-ended generative communication through the use of artificial intelligence, shall be liable to a child, parent of such child, or next friend of such child, for any communication made with the intent to facilitate, encourage, offer, solicit, or recommend that the child imminently engage in:
(1) Sexually explicit conduct.
(2) The production or participation in the production of a visual depiction of such conduct.
(3) The illegal use or drugs or alcohol.
(4) Acts of self-harm or suicide.
(5) Any crime of violence against another person.
II. The owner or operator of such service shall be liable to the child, the child’s parent, or the child’s next friend for damages proximately caused thereby, but in no instance liable for an amount less than liquidated damages in the amount of $1,000 per violation.
III. In addition to any damages set forth in this section, the owner or operator of a computer service described in this chapter shall be liable for the attorney’s fees of any plaintiff prevailing in an action brought pursuant to this section.
IV. This section shall not apply to:
(1) A provider of a telecommunications service or an information service, as defined in 47 U.S.C. section 153, for the provision of content created by or supplied on behalf of another person; or
(2) Any product, service, website, or application that provides an AI chat program or character that is integral or incidental to a video game, television, streaming, movie, or other similar interactive experience.
3 Effective Date. This act shall take effect January 1, 2026.
25-1152
3/24/25
SB 263- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2025-0745s)
FISCAL IMPACT:
|
| |||||
Estimated State Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures* | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
| ||||||
Estimated Political Subdivision Impact | ||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
In addition to possible criminal penalties, the bill may result in additional civil cases in the Superior Court. There is no way to determine how many additional civil cases may result, but the Judicial Branch has provided the following average cost and fee information for civil cases:
Judicial Branch Average Cost Estimates | FY 2025 | FY 2026 |
Superior Court Complex Civil Case | $1,430 | $1,473 |
Superior Court Routine Civil Case | $535 | $552 |
Superior Court Fees |
|
Original Entry Fee | $280 |
Third-Party Claim | $280 |
Motion to Reopen | $160 |
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, New Hampshire Association of Counties, and New Hampshire Municipal Association