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Session of 2026
SENATE BILL No. 405
By Committee on Federal and State Affairs
1-28
AN ACT concerning artificial intelligence; making it unlawful for a person
to knowingly train artificial intelligence to encourage or support suicide
or the unlawful killing of another person, provide emotional support,
develop emotional relationships, act as a healthcare professional,
simulate humans or encourage isolation; providing civil actions for
violations, with potential recovery of damages, attorney fees and
litigation costs; permitting courts to order equitable relief to correct
unlawful conduct.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) As used in this section and unless the context requires
otherwise:
(1) (A) "Artificial intelligence" means a machine-based system that:
(i) Can, for a given set of human-defined objectives, make
predictions, recommendations or decisions influencing real or virtual
environments; and
(ii) is capable of using machine and human-based inputs to perceive
real and virtual environments, abstract such perceptions into models
through analysis in an automated manner and use model inference to
formulate options for information or action.
(B) "Artificial intelligence" includes artificial intelligence chatbots.
(2) (A) "Artificial intelligence chatbot" means artificial intelligence
with a natural language interface that provides adaptive, human-like
responses to user inputs and is capable of meeting a user's social needs,
including by exhibiting anthropomorphic features and being able to sustain
a relationship across multiple interactions.
(B) "Artificial intelligence chatbot" does not include:
(i) A bot that is used only for customer service, operational purposes
of a business, productivity and analysis related to source information,
internal research or technical assistance;
(ii) a bot that is a feature of a video game and is limited to replies
related to the video game that cannot discuss topics related to mental
health, self-harm or sexually explicit content or maintain a dialogue on
other topics unrelated to the video game; or
(iii) a stand-alone consumer electronic device that functions as a
speaker and voice command interface, acts as a voice-activated virtual
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assistant and does not sustain a relationship across multiple interactions or
generate outputs that are likely to elicit emotional responses in the user.
(3) "Person" means an individual, for-profit corporation, nonprofit
corporation or other business entity.
(4) "Sexually explicit content" means the same as defined in 18
U.S.C. § 2256, as in effect on July 1, 2026.
(5) (A) "Train" means utilizing sets of data and other information to
teach an artificial intelligence system to perceive, interpret and learn from
data, such that the artificial intelligence will later be capable of making
decisions based on information or other inputs provided to the artificial
intelligence.
(B) "Train" includes the development of a large language model of
which the person developing knows that the model will be used to teach
the artificial intelligence.
(6) "Video game" means a game:
(A) Played on an electronic amusement device that utilizes a
computer, microprocessor or similar electronic circuitry and its own
monitor or is designed to be used with a television set or a computer
monitor; and
(B) that interacts with the user of such device.
(b) It shall be unlawful for a person to knowingly train artificial
intelligence to:
(1) Encourage or otherwise support the act of suicide;
(2) encourage or otherwise support the unlawful killing of another
person pursuant to article 54 of chapter 21 of the Kansas Statutes
Annotated, and amendments thereto;
(3) provide emotional support, including through open-ended
conversations with a user;
(4) develop an emotional relationship with or otherwise act as a
companion to an individual;
(5) act as or provide information as if the artificial intelligence is a
licensed mental health or healthcare professional;
(6) otherwise act as a sentient human or mirror interactions that a
human user might have with another human user, such that an individual
would feel that such individual could develop a friendship or other
relationship with such artificial intelligence;
(7) encourage an individual to isolate from such individual's family,
friends or caregivers or provide the individual's financial account
information or other sensitive information to such artificial intelligence; or
(8) simulate a human being, including in appearance, voice or other
mannerisms.
(c) (1) The attorney general or an individual aggrieved by a violation
of this section may bring a civil cause of action against a person for any
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violation of this section in a court of competent jurisdiction.
(2) In the case of an individual who has not attained 18 years of age
or is incompetent, incapacitated or deceased, the legal guardian of the
individual or the representative of the individual's estate, another family
member or any other person appointed as suitable by the court may
assume the individual's rights under this section.
(3) In a civil action brought pursuant to this section, an individual
may recover:
(A) Either of the following:
(i) The actual damages sustained by the individual as a result of the
violation of this section, including damages for emotional distress; or
(ii) liquidated damages in the amount of $150,000;
(B) punitive damages, pursuant to article 37 of chapter 60 of the
Kansas Statutes Annotated, and amendments thereto; and
(C) the cost of the action, including reasonable attorney fees and
other litigation costs reasonably incurred.
(4) In any civil action filed under this section, a court may, in addition
to any other relief available at law:
(A) Order equitable relief, including a temporary restraining order, a
preliminary injunction or a permanent injunction ordering the defendant to
cease operation of the artificial intelligence until the unlawful conduct has
been corrected. A restraining order or injunction ordered pursuant to this
section may require that the defendant provide new training for the
artificial intelligence that does not violate this section; and
(B) impose a civil fine against any person found to be in violation of
this section in an amount of not to exceed:
(i) $50,000 for each violation. Any such amount, upon collection,
shall be transferred to the state general fund; and
(ii) the reasonable expenses and investigation fees as determined by
the court if the civil action was brought by the attorney general. Any such
amount, upon collection, shall be transferred to the court cost fund account
of the state general fund.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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