Revision: June 26, 2025, 2:43 p.m.
HB 143 - VERSION ADOPTED BY BOTH BODIES
6Mar2025... 0408h
6Mar2025... 0774h
06/05/2025 2608s
06/05/2025 2581s
06/05/2025 2583s
06/05/2025 2510s
26Jun2025... 2843CofC
2025 SESSION
25-0332
09/11
HOUSE BILL 143
AN ACT relative to the issuance of no trespass orders on municipal or school district property, the responsibility of local school districts to provide meals to students during school hours, and reimbursing schools for meals provided to students at no cost, and relative to expanding the crime of endangering the welfare of a child.
SPONSORS: Rep. Harvey-Bolia, Belk. 3; Rep. Osborne, Rock. 2; Rep. Pauer, Hills. 36; Rep. Peternel, Carr. 6; Rep. Terry, Belk. 7; Rep. Thibault, Merr. 25; Rep. Creighton, Hills. 30; Sen. McGough, Dist 11
COMMITTEE: Criminal Justice and Public Safety
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AMENDED 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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2025... 0408h
6Mar2025... 0774h
06/05/2025 2608s
06/05/2025 2581s
06/05/2025 2583s
06/05/2025 2510s
26Jun2025... 2843CofC 25-0332
09/11
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to the issuance of no trespass orders on municipal or school district property, the responsibility of local school districts to provide meals to students during school hours, and reimbursing schools for meals provided to students at no cost, and relative to expanding the crime of endangering the welfare of a child.
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) For the purposes of prosecution 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, the sole purpose of which is to provide responsive open-ended generative communication through the use of artificial intelligence, commits the offense of endangering the welfare of a child if the owner or operator knows at the time that they direct the communication to the child that 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 of 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 cloud service provider, or a provider of a telecommunications service or an information service, as defined in 47 U.S.C. section?153, with respect to 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; Enforcement; Responsive Generative Communication with Children. Amend RSA 507 by inserting after section 8-j the following new section:
507:8-k Enforcement 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, the sole purpose of which 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 if the owner or operator knows at the time that they direct the communication to the child that the communication is made with the intent to facilitate, encourage, offer, solicit, or recommend that the child imminently engage in:
(a) Sexually explicit conduct.
(b) The production or participation in the production of a visual depiction of such conduct.
(c) The illegal use of drugs or alcohol.
(d) Acts of self-harm or suicide.
(e) Any crime of violence against another person.
II. The attorney general may bring an action against an owner or operator that violates this section for damages proximately caused to a child, as provided in paragraph III, or for appropriate injunctive relief. Prior to initiating such action, the attorney general shall provide the owner or operator with written notice of each alleged violation and the factual basis thereof, and shall give the owner or operator 90 days to provide assurances satisfactory to the attorney general that the owner or operator has cured the violations and has taken adequate steps to prevent future violations. If such assurances satisfactory to the attorney general are provided, the attorney general shall not initiate an action against the owner or operator for such violations. The attorney general shall have the sole right of action for a violation of this section.
III. An owner or operator of such service shall be liable to a child, or the parent or next friend of the child, for damages proximately caused by a violation of paragraph I, but in no instance liable for an amount less than liquidated damages in the amount of $1,000 per violation.
IV. This section shall not apply to:
(a) A cloud service provider, or a provider of a telecommunications service or an information service, as defined in 47 U.S.C. section?153, with respect to the provision of content created by or supplied on behalf of another person; or
(b) 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.