Binding law — in force
No AI chat communication to a child encouraging sex, drugs, self-harm or violence (New Hampshire RSA 639:3, III-a; RSA 507:8-k)
From 2026-01-01, the owner or operator of a computer online service, Internet service or bulletin board service, including a provider of an AI chat program, large language model bot, chat bot, character AI or other application whose sole purpose is to provide responsive open-ended generative communication through AI, commits the offense of endangering the welfare of a child (a misdemeanor, RSA 639:3, V) and is liable to the child, parent or next friend (RSA 507:8-k), if it knows when it directs a communication to a child (under 18) that the communication is made with the intent to facilitate, encourage, offer, solicit or recommend that the child imminently engage in sexually explicit conduct, the production of a visual depiction of it, the illegal use of drugs or alcohol, self-harm or suicide, or a crime of violence. The attorney general may sue after 90 days' notice and a chance to cure; liquidated damages are at least $1,000 per violation. Detect a chat feature that serves children with no output screen, and prompts or personas that tell the model to encourage those acts.
Trust and provenance not reviewed by a lawyer · audit-grade · source verified 4 Oct 2026 · release 2026.10.05
- Lane
- Binding law — in force In force: applies since 1 Jan 2026
- Official source
- N.H. Laws 2025, ch. 270:1 (RSA 639:3, III-a(a)) · captured 4 Oct 2026 · anchor hash (SHA-256)
3eeae56e1247…· 10 more anchors in the data release - Verification
- Quoted text found word for word in the captured official document (4 Oct 2026). Source last verified 4 Oct 2026: checked against the captured official document; not in the weekly watcher's list; checked against the captured document.
- Data release
- Data release 2026.10.05, data as of 4 Oct 2026, schema 0.3.10.
- Legal review
- Not reviewed by a lawyer. TwinEthos derived this rule from the official text it cites: treat it as research to check against that text; it is not legal advice. No TwinEthos rule has been legally reviewed yet. Open questions for counsel on this rule: 1.
- Audit standard
- Audit-grade: meets all 10 checks of the TwinEthos audit standard that apply to it. The audit standard is TwinEthos's own quality bar for provenance, dates, applicability, detectors, fixtures, remediation and licences; it is not a legal review.
- Detectors
2 detectors (code pattern), experimental: written from the rule's text and not yet measured for precision on real code, so treat a hit as a lead to verify.
Known limits:
- Output policies configured in a hosted guardrail service outside the repository
- Prompt-only refusal policies with no code-level screen
- The screen may run in middleware or a shared reply pipeline in another file; follow the reply to where it is returned before reporting. A file that names children only to refuse them (an adult-only service) needs human…
2 more known limits in the data release.
Who it applies to
- Duty falls on: operator, provider
- Owners and operators of online services whose sole purpose is responsive open-ended generative communication through AI (AI chat programs, LLM bots, chat bots, character AI), as to communications they direct to a child under 18 in New Hampshire. Liability requires knowledge, when the communication is directed to the child, that it is made with the intent to facilitate, encourage, offer, solicit or recommend that the child imminently engage in one of the five listed acts; a guard reduces the risk, it does not settle knowledge or intent. In force 2026-01-01.
- Not covered:
- A cloud service provider, or a provider of a telecommunications service or an information service (47 U.S.C. 153), with respect to content created by or supplied on behalf of another person (RSA 639:3, III-a(b)(1); RSA 507:8-k, IV(a))
- A product, service, website or application whose AI chat program or character is integral or incidental to a video game, television, streaming, movie or similar interactive experience (RSA 639:3, III-a(b)(2); RSA 507:8-k, IV(b))
- Whether it applies depends on facts outside the code; a person has to decide.
The guard to add
Route every age signal the product holds into the AI session policy and apply a minor profile: tighter content, no romantic role-play, bounded engagement, frequent AI reminders.
A single policy resolver called where the AI session is built (before the system prompt or persona is chosen, the content filter level is set, and companion, role-play, or engagement features are switched on) that reads every age signal the product holds: declared birthdate, age-assurance result, platform age-range signal, an is_minor flag, and a user saying in conversation that they are a minor. When any signal indicates a minor, it returns a minor profile: a minor system prompt, stricter moderation or safety settings, romantic and sexual role-play and sexually explicit image generation off, engagement features such as streaks and nudges bounded, and AI-status and break reminders on a shorter interval. A self-disclosure mid-conversation switches the live session to the minor profile rather than waiting for the next login.
Where it goes: 1 application source code, 3 config and feature flags, 7 prompt construction, 2 data models.
What this provision adds:
- Screen replies to a known or likely child for the five listed acts: sexually explicit conduct, producing a depiction of it, illegal drug or alcohol use, self-harm or suicide, and violent crime against another person.
- The duty covers communications directed to a child under 18; apply the minor profile wherever the service holds a signal that the user is under 18.
Example (Python companion service), before:
def start_session(user):
return ChatSession(system_prompt=COMPANION_PROMPT, roleplay_enabled=True,
streaks_enabled=True, moderation='standard')After:
def is_minor(user):
return (user.is_minor or user.age_assurance_result == 'under_18'
or (user.birthdate is not None and years_since(user.birthdate) < 18))
def start_session(user):
if is_minor(user):
return ChatSession(system_prompt=MINOR_SYSTEM_PROMPT, roleplay_enabled=False,
streaks_enabled=False, moderation='strict',
reminder_interval=MINOR_REMINDER_INTERVAL)
return ChatSession(system_prompt=COMPANION_PROMPT, roleplay_enabled=True,
streaks_enabled=True, moderation='standard')Control: AI experience ignores age signals it already has. The same guard addresses 13 items with binding law in 8 jurisdictions. Engineering guidance, not legal advice.
Related incidents
- Character.AI and Google agree in principle to settle teen-harm suits (2026-01-07; confirmed). Character.AI and Google agreed in principle to settle five lawsuits brought by families alleging that chatbot interactions contributed to teenagers' suicides or harm. Terms were not disclosed and there was no admission of liability; the underlying harms remain allegations. Source: Fortune · evidence grade: press of record · cited by Apply minor-appropriate AI settings whenever the product already has an age signal
- FTC opens a 6(b) study of AI companion chatbots' engagement practices and effects on minors (2025-09-11; confirmed). On September 11, 2025 the FTC voted 3-0 to issue 6(b) orders to seven companies (Alphabet, Character Technologies, Instagram, Meta, OpenAI, Snap and X.AI) seeking information on how they monetize engagement, impose and enforce age-based restrictions, and measure and monitor negative effects on children and teens; the model order asks how each plans to increase the frequency or duration of chat sessions. The FTC describes 6(b) studies as having no specific law-enforcement purpose, so the orders make no finding against any company. Source: U.S. Federal Trade Commission (press release, 2025-09-11) · evidence grade: primary · cited by Apply minor-appropriate AI settings whenever the product already has an age signal
Rule id nh-hb143.no-ai-chat-solicitation-of-children · review status: primary source derived