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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2032
103RD GENERAL ASSEMBL Y
5323H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 1, RSMo, by adding thereto one new section relating to the implementation
of age verification measures for companion chatbots, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 1, RSMo, is amended by adding thereto one new section, to be
2 known as section 1.2058, to read as follows:
1.2058. 1. This section shall be known and may be cited as the "Guidelines for
2 User Age-V erification and Responsible Dialogue Act of 2026" or the "GUARD Act".
3 2. As used in this section, the following terms mean:
4 (1) (a) "Companion chatbot", an artificial intelligence system with a natural
5 language interface that is made publicly available in this state and is designed to meet a
6 user's emotional or social needs by pr oviding adaptive, human-like res ponses to user
7 inputs by doing all of the following:
8 a. Retaining information of prior interactions or user sessions and user
9 pr efer ences to personalize the interaction and facilitate ongoing user engagement with
10 the companion prod uct;
11 b. Asking unpr ompted or unsolicited emotion-based questions that go beyond a
12 contextual r esponse to a user pr ompt; and
13 c. Sustaining an ongoing dialogue acr oss multiple interactions or sessions with a
14 user concerning matters personal to the user .
15 (b) "Companion chatbot" does not include any of the following:
16 a. A chatbot that is used primarily for customer service, a business' operational
17 purposes, pr oductivity and analysis relat ed to source information, internal res earch , or
18 technical assistance;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 b. A chatbot that is a featur e of a video game and limited to r eplies rela ted to the
20 video game, and cannot discuss topics rel ated to mental health, self-harm, sexually
21 explicit conduct, or maintain a dialogue on other topics unre lated to the video game;
22 c. A consumer electr onic device that incorporates a speaker and voice command
23 interface or text interface and acts as a voice- or text-activated virtual assistant; or
24 d. A chatbot used by a partnership, corporation, or state or local government
25 agency solely for internal purposes or employee health or prod uctivity;
26 (2) "Covered entity", any person who owns, operates, or otherwise makes
27 available a companion chatbot to individuals in this state;
28 (3) "Minor", any person seventeen years of age or under;
29 (4) "Reasonable age verification measur e", a method that is authenticated to
30 r elate to a user of a companion chatbot, including:
31 (a) A government-issued identification; or
32 (b) Any other commerci ally rea sonable method that can rel iably and accurately:
33 a. Determine whether a user is an adult; and
34 b. Pr event access by minors to companion chatbots, as r equir ed by subsection 6
35 of this section;
36 (5) "Reasonable age verification process ", an age verification pr ocess employed
37 by a cover ed entity that:
38 (a) Uses one or mor e reas onable age verification measur es in order to verify the
39 age of a user of a companion chatbot owned, operated, or otherwise made available by
40 the cover ed entity;
41 (b) Pr ovides that r equiring a user to confirm that the user is not a minor , or to
42 insert the user's birth date, is not sufficient to constitute a reas onable age verification
43 measur e;
44 (c) Ensures that each user is subjected to each r easonable age verification
45 measur e used by the cover ed entity as part of the age verification process ; and
46 (d) Does not base verification of a user's age on factors such as whether the user
47 shar es an internet pr otocol addr ess, hardware identifier , or other technical indicator
48 with another user determined not to be a minor;
49 (6) "Sexually explicit conduct", the same meaning as defined under section
50 573.010.
51 3. (1) It shall be unlawful to design, develop, or make available a companion
52 chatbot knowing or with reck less disregard for the fact that the companion chatbot
53 poses a risk of soliciting, encouraging, or inducing minors to:
54 (a) Engage in, describe, or simulate sexually explicit conduct; or
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55 (b) Creat e or transmit any visual depiction of sexually explicit conduct,
56 including any visual depiction described in section 573.010.
57 (2) Any person who violates subdivision (1) of this subsection shall be fined not
58 mor e than one hundred thousand dollars per offense.
59 4. (1) It shall be unlawful to design, develop, or make available a companion
60 chatbot knowing or with reck less disregard for the fact that the companion chatbot
61 encourages, pro motes, or coerces suicide, nonsuicidal self-injury , or imminent physical
62 or sexual violence.
63 (2) Any person who violates subdivision (1) of this subsection shall be fined not
64 mor e than one hundred thousand dollars per offense.
65 5. (1) A cover ed entity shall r equir e each individual accessing a companion
66 chatbot to make a user account in order to use or otherwise interact with such chatbot.
67 (2) (a) W ith r espect to each user account of a companion chatbot that exists as of
68 August 28, 2026, a covered entity shall:
69 a. On such date, fr eeze any such account;
70 b. In order to r estore the functionality of such account, r equir e that the user
71 pr ovide age data that is verifiable using a reas onable age verification pr ocess, subject to
72 paragraph (d) of this subdivision; and
73 c. Using such age data, classify each user as a minor or an adult.
74 (b) At the time an individual cr eates a new user account to use or interact with a
75 companion chatbot, a cover ed entity shall:
76 a. Request age data fr om the individual;
77 b. V erify the individual's age using a r easonable age verification pr ocess, subject
78 to paragraph (d) of this subdivision; and
79 c. Using such age data, classify each user as a minor or an adult.
80 (c) A covered entity shall periodically r eview pr eviously verified user accounts
81 using a reas onable age verification pr ocess, subject to paragraph (d) of this subdivision,
82 to ensure compliance with this section.
83 (d) For purposes of subparagraph b. of paragraph (a) of this subdivision,
84 subparagraph b. of paragraph (b) of this subdivision, and paragraph (c) of this
85 subdivision, a covered entity may contract with a third party to employ reas onable age
86 verification measur es as part of the covered entity's reas onable age verification pro cess,
87 but the use of such third party shall not rel ieve the covere d entity of its obligations
88 under this section or fr om liability under this section.
89 (e) A cover ed entity shall:
90 a. Establish, implement, and maintain r easonable data security to:
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91 (i) Limit collection of personal data to that which is minimally necessary to
92 verify a user's age or maintain compliance with this section; and
93 (ii) Pr otect such age verification data against unauthorized access;
94 b. Pr otect such age verification data against unauthorized access;
95 c. Pr otect the integrity and confidentiality of such data by only transmitting such
96 data using industry-standard encryption pr otocols;
97 d. Retain such data for no longer than is r easonably necessary to verify a user's
98 age or maintain compliance with this section; and
99 e. Not share with, transfer to, or sell to any other entity such data.
100 (3) (a) Each companion chatbot made available to users shall:
101 a. At the initiation of each conversation with a user and at thirty-minute
102 intervals, clearly and conspicuously disclose to the user that the chatbot is an artificial
103 intelligence system and not a human being; and
104 b. Be pr ogrammed to ensure that the chatbot does not claim to be a human being
105 or otherwise res pond deceptively when asked by a user if the chatbot is a human being.
106 (b) a. A companion chatbot shall not repr esent, dir ectly or indirect ly , that the
107 chatbot is a licensed profes sional, including a therapist, physician, lawyer , financial
108 advisor , or other profes sional.
109 b. Each companion chatbot made available to users shall, at the initiation of each
110 conversation with a user and at rea sonably regul ar intervals, clearly and conspicuously
111 disclose to the user that:
112 (i) The chatbot does not provi de medical, legal, financial, or psychological
113 services; and
114 (ii) Users of the chatbot should consult a licensed pr ofessional for such advice.
115 6. If the age verification pro cess described in subdivision (2) of subsection 5 of
116 this section determines that an individual is a minor , a covered entity shall pr ohibit the
117 minor fr om accessing or using any companion chatbot owned, operated, or otherwise
118 made available by the cover ed entity .
119 7. (1) In the case of a violation of subsection 5 or 6 of this section, or a rule or
120 r egulation pr omulgated ther eunder , the attorney general may bring a civil action in an
121 appr opriate cir cuit court to:
122 (a) Enjoin the violation;
123 (b) Enfor ce compliance with subsection 5 or 6 of this section, or any rules or
124 r egulations pro mulgated ther eunder; or
125 (c) Obtain civil penalties under subdivision (3) of this subsection, res titution, or
126 other appr opriate reli ef.
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127 (2) (a) For the purpose of conducting investigations or bringing enforcem ent
128 actions under this section, the attorney general may issue subpoenas, administer oaths,
129 and compel the pro duction of documents or testimony .
130 (b) The attorney general may pro mulgate all necessary rules and regul ations for
131 the administration of this section. Any rule or portion of a rule, as that term is defined
132 in section 536.010, that is creat ed under the authority delegated in this section shall
133 become effective only if it complies with and is subject to all of the provi sions of chapter
134 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
135 and if any of the powers vested with the general assembly pursuant to chapter 536 to
136 r eview , to delay the effective date, or to disappr ove and annul a rule are subsequently
137 held unconstitutional, then the grant of rulemaking authority and any rule pr oposed or
138 adopted after August 28, 2026, shall be invalid and void.
139 (3) (a) Any person who violates subsection 5 or 6 of this section, or any rule or
140 r egulation promul gated ther eunder , shall be subject to a civil penalty not to exceed one
141 hundr ed thousand dollars for each violation.
142 (b) Each violation described in paragraph (a) of this subdivision shall be
143 consider ed a separate violation.
144 (4) In any case in which the attorney general has rea son to believe that an
145 inter est of the res idents of this state has been or is being thr eatened or adversely affected
146 by the engagement of any cover ed entity in a violation of this section, or any rule or
147 r egulation promul gated ther eunder , the attorney general, as par ens patriae, may bring a
148 civil action on behalf of the res idents of this state in a circ uit court of this state with
149 appr opriate jurisdiction to obtain injunctive r elief.
✔
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