SB 263 - AS AMENDED BY THE HOUSE
03/20/2025 0745s
8May2025... 1717h
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
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/20/2025 0745s
8May2025... 1717h 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) 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:
(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.
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:
(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.
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:
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| |||||
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
| Date | Amendment |
|---|---|
| March 5, 2025 | 2025-0745s |
| April 23, 2025 | 2025-1717h |
| Date | Body | Type |
|---|---|---|
| March 4, 2025 | Senate | Hearing |
| March 13, 2025 | Senate | Floor Vote |
| March 13, 2025 | Senate | Floor Vote |
| March 20, 2025 | Senate | Floor Vote |
| April 9, 2025 | House | Hearing |
| April 23, 2025 | House | Exec Session |
| April 23, 2025 | House | Floor Vote |
May 8, 2025: Referred to Criminal Justice and Public Safety 05/08/2025 HJ 14
May 8, 2025: Ought to Pass with Amendment 2025-1717h: MA VV 05/08/2025 HJ 14
May 8, 2025: Amendment # 2025-1717h: AA VV 05/08/2025 HJ 14
April 30, 2025: Committee Report: Ought to Pass with Amendment # 2025-1717h 04/23/2025 (Vote 17-1; CC) HC 23 P. 9
April 16, 2025: Executive Session: 04/23/2025 10:00 am LOB 206-208
April 3, 2025: Public Hearing: 04/09/2025 02:00 pm LOB 206-208
March 28, 2025: Introduced (in recess of) 03/27/2025 and referred to Judiciary HJ 11
March 20, 2025: Ought to Pass with Amendment #2025-0745s, MA, VV; OT3rdg; 03/20/2025; SJ 8
March 20, 2025: Committee Amendment # 2025-0745s, AA, VV; 03/20/2025; SJ 8
March 13, 2025: Committee Report: Ought to Pass with Amendment # 2025-0745s, 03/20/2025, Vote 4-0; SC 13
March 13, 2025: Special Order to 03/20/2025, Without Objection, MA; 03/13/2025 SJ 7
March 13, 2025: SB 263 was Removed from the Consent Calendar; 03/13/2025; SJ 7
March 7, 2025: Committee Report: Ought to Pass with Amendment # 2025-0745s, 03/13/2025; Vote 4-0; CC; SC 12
Feb. 26, 2025: Hearing: 03/04/2025, Room 100, SH, 01:40 pm; SC 11
Jan. 23, 2025: Introduced 01/09/2025 and Referred to Judiciary; SJ 3