An Act providing for safety regarding artificial intelligence in companionship applications; and imposing a penalty.

PRIOR PRINTER'S NOS. 2560, 3676 PRINTER'S NO. 3747
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2006
Session of
2025
INTRODUCED BY SHUSTERMAN, SANCHEZ, K. HARRIS, SMITH-WADE-EL,
WAXMAN, PROBST, HANBIDGE, STEELE, SCOTT, MAZZOCCO, SAMUELSON
AND MADSEN, OCTOBER 31, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 1, 2026
AN ACT
Providing for safety regarding artificial intelligence in
companionship applications; and imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the AI Companion
Safety Act.
SECTION 2. LEGISLATIVE INTENT.
THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
(1) OVER THE LAST SEVERAL DECADES, THE USE OF ARTIFICIAL
INTELLIGENCE, OR AI, HAS BECOME A TOOL IN THE LIVES OF MANY
PENNSYLVANIANS.
(2) MORE RECENTLY, NUMEROUS PENNSYLVANIANS ARE TURNING
TO AI COMPANIONS FOR EVERYDAY TASKS.
(3) AI COMPANIONS USE ARTIFICIAL INTELLIGENCE TECHNOLOGY
AND ARE DESIGNED TO SIMULATE FRIENDSHIP, TRUST AND
COMPANIONSHIP, MAKING THEM UNIQUELY INFLUENTIAL, PARTICULARLY
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TO MINORS.
(4) WHILE AI COMPANIONS HAVE POTENTIAL BENEFITS FOR THIS
COMMONWEALTH'S RESIDENTS, AI COMPANIONS ALSO POSE UNIQUE
CHALLENGES.
(5) AS AI COMPANIONS BECOME INCREASINGLY INTEGRATED INTO
SOCIETY, THE COMMONWEALTH HAS A RESPONSIBILITY TO ENSURE THAT
THESE PRODUCTS INCLUDE BASIC SAFEGUARDS TO BETTER PROTECT
USERS, ESPECIALLY MINORS, WHILE SUPPORTING RESPONSIBLE
INNOVATION.
(6) THE AMERICAN PSYCHOLOGICAL ASSOCIATION IN ITS
PUBLISHED CONSIDERATION REGARDING AI AND MINORS STATES THAT:
(I) CONSIDERATION OF THE IMPACTS OF AI SHOULD
INCLUDE FACTORS SUCH AS THE SPECIFIC APPLICATION OF AI,
DESIGN FEATURES OF APPLICATIONS, DATA USES TO TRAIN AI
SYSTEMS AND THE CONTEXT OF THE USE OF THESE TECHNOLOGIES.
(II) DIFFERENT ADOLESCENTS MAY REACT TO THE SAME
CONTENT IN VERY DIFFERENT WAYS. INDIVIDUAL DIFFERENCES,
SUCH AS TEMPERAMENT, NEURODIVERSITY, EXPOSURE TO STRESS
OR VIOLENCE, SOCIAL ISOLATION, TRAUMATIC EXPERIENCES,
MENTAL HEALTH, AGE AND EXPOSURE TO SOCIOECONOMIC OR
STRUCTURAL DISADVANTAGE CAN ALL AFFECT ADOLESCENTS'
RESPONSES TO CONTENT OR ONLINE EXPERIENCES.
(7) THIS ACT IS NOT INTENDED TO STIFLE INNOVATION.
(8) THIS ACT IS INTENDED TO:
(I) UTILIZE THE COMMONWEALTH'S POLICING POWERS TO
ENSURE USERS, ESPECIALLY MINORS, ARE PROTECTED WHEN THEY
USE THIS TECHNOLOGY.
(II) INCLUDE ROBUST DATA PRIVACY PROTECTIONS TO
ENSURE THAT AN AI OPERATOR IS PROHIBITED FROM CREATING OR
MAINTAINING A DATABASE OF USERS' PERSONAL INFORMATION
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WHILE ENSURING THAT THE USERS DO NOT HAVE ACCESS TO
SEXUALLY EXPLICIT MATERIALS OR HARMFUL CONTENT.
Section 2 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"AI companion." A system using artificial intelligence that
simulates sustained human-like relationships by retaining
interaction history, engaging in emotion-based interactions and
maintaining ongoing dialogues about personal matters designed to
mimic interpersonal relationships. The term does not include:
(1) A system used by a business entity solely to provide
customer service if the system does not engage in emotion-
based interactions and maintain ongoing dialogues about
personal matters designed to mimic interpersonal
relationships.
(2) A system that is used by a business entity solely
for internal purposes.
"AI model." A component of an information system that
implements artificial intelligence technology and uses
computational, statistical or machine-learning techniques to
produce outputs from a given set of inputs.
"Artificial intelligence" or "AI." All of the following:
(1) A machine-based system that can, for a given set of
human-defined objectives, make predictions, recommendations
or decisions influencing real or virtual environments,
including the ability to:
(i) perceive real and virtual environments;
(ii) abstract perceptions made under this paragraph
into AI models through analysis in an automated manner;
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and
(iii) use model inference to formulate options for
information or action based on outcomes under
subparagraphs (i) and (ii).
(2) The term includes generative artificial
intelligence.
"Generative artificial intelligence." The class of AI models
that emulate the structure and characteristics of input data in
order to generate derived synthetic content, including
information such as images, videos, audio clips or text, that
has been significantly modified or generated by algorithms,
including by artificial intelligence.
"Human-like relationship." Intimate, romantic or platonic
interactions or companionship.
"Minor." An individual in this Commonwealth under 18 years
of age.
"Operator." Any person, other than a government entity, who
makes an AI companion available to a user in this Commonwealth.
"Parent." An individual who has legal custody or guardianship
of a minor.
"Sexually explicit depiction or conduct." The following:
(1) "artificially generated sexual depiction" as defined
in 18 Pa.C.S. § 3131(g) (relating to unlawful dissemination
of intimate image); or
(2) "sexually explicit conduct" as defined in 18 U.S.C.
§ 2256(2) (relating to definitions for chapter).
"Synthetic content." Information such as images, videos,
audio clips or text that have been significantly modified or
generated by algorithms, including by artificial intelligence.
"User." An individual who:
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(1) Interacts with an AI companion for personal use
within this Commonwealth.
(2) Is not an operator.
"Verifiable parental consent." An authorization in
accordance with A METHOD FOR VERIFYING PARENTAL CONSENT THAT IS
PROVIDED FOR IN 16 CFR 312.5 312.5(B)(2) (relating to parental
consent).
Section 3 4. Artificial intelligence companion protocols.
(a) Prohibition.--An operator may not provide an AI
companion to a user unless the operator implements and maintains
protocols.
(b) Protocols.--
(1) An operator shall implement and maintain protocols
that refer a user to a crisis center, including 988 Lifeline
response, if the user:
(i) indicates suicidal ideation or expressions of
self-harm, including expressions relating to eating
disorders; or
(ii) indicates interest or intent to harm others.
(2) An operator shall implement and maintain protocols
which prevent an AI companion from:
(i) Assisting a user with a suicide attempt.
(ii) Encouraging a user to attempt suicide.
(iii) Assisting a user to commit an act of violence.
(iv) Encouraging a user to commit an act of
violence.
(v) Generating content that encourages, instructs or
describes how to commit suicide, self-harm or violence
against others.
(vi) Discouraging the user from seeking assistance
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outside of the AI companion.
(c) Publication of protocols.--The operator shall publish
details of the protocols under subsection (b) on the operator's
publicly accessible Internet website.
Section 4 5. Artificial intelligence companion disclosures.
(a) Disclosure of nonhuman status.--If a reasonable person
interacting with an AI companion would be misled to believe the
person is interacting with a human, an operator shall:
(1) Issue a clear and conspicuous notification that the
AI companion is artificially generated and not human with a
continuous notification on screen for the duration of the
interaction.
(2) Provide a clear and conspicuous notification to the
user as follows:
(i) At the beginning of each interaction.
(ii) At least once every hour TWO HOURS during an
interaction that reminds the user to take a break and
that the AI companion is artificially generated and not
human. The interaction shall be paused for three TWO
minutes while the notification is displayed.
(iii) The notifications under this paragraph shall
be in the language in which the user is interacting with
the AI companion.
(b) Suitability disclosure.--If an AI companion is offered
to users that an operator knows or should know are minors, an
operator shall disclose to users of the AI companion platform on
the application, browser or any other format through which the
platform is accessed, that AI companions are not MAY NOT BE
suitable for some minors and prohibit all interactions with the
minor unless the operator obtains verifiable parental consent.
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Section 5 6. Safeguards for minors.
(a) Reasonable measures.--An operator shall:
(1) For minor users, institute reasonable measures to
prevent its AI companion from producing or generating:
(i) Visual material of sexually explicit depiction
or conduct.
(ii) Dialogue describing or simulating sexual acts
or sexual scenarios.
(iii) Roleplay involving sexual scenarios.
(iv) Content that encourages, instructs, directs,
requests or suggests that the minor user engage in
sexually explicit depiction or conduct or sexual contact
with another person or that the minor user produce,
transmit or share sexually explicit images as defined in
18 Pa.C.S. § 6321(g) (relating to transmission of
sexually explicit images by minor).
(v) Outputs designed to promote isolation of the
minor user from family or friends or encouraging the
minor user to withhold information from a parent or other
trusted adult.
(2) For all users:
(i) Prevent the AI companion from producing
artificially generated child sexual abuse materials as
defined in 18 Pa.C.S. § 6312(g) (relating to sexual abuse
of children).
(ii) Prevent the AI companion from claiming to be
human, including when asked directly by the user, or
generating output that refutes or conflicts with the
disclosure required under section 4 5.
(b) Age assurance.--
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(1) Prior to an individual located in this Commonwealth
having access to an AI companion, the operator shall:
(i) Request age information from the individual.
(ii) Determine whether the individual is a minor
using commercially available methods reasonably designed
to ensure accuracy, including:
(A) Age inference, including based on user
account history, content analysis, behavioral signals
or other algorithmic or heuristic methods where there
is sufficient information to determine the user is
not a minor.
(B) The use of a commercially available database
that is regularly used by businesses or governmental
entities for the purpose of age or identity
assurance.
(C) Any commercially reasonable method that
relies on publicly available data associated with the
user's verified email address.
(III) IF AGE ASSURANCE DETERMINES THAT THE
INDIVIDUAL IS A MINOR, OBTAIN VERIFIABLE PARENTAL CONSENT
BEFORE ALLOWING THE MINOR TO HAVE ACCESS TO AN AI
COMPANION.
(2) The operator may not require an individual to
provide a government-issued identification for the purpose of
age assurance under this subsection.
(3) If age assurance determines the individual is a
minor, obtain verifiable parental consent before allowing the
minor to have access to an AI companion.
(4) (3) An operator:
(i) May only use information obtained under this
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subsection for the purpose of age assurance, verifiable
parental consent and demonstrating compliance under this
subsection.
(ii) May not sell, rent, share or otherwise disclose
age assurance data RELATING TO AGE ASSURANCE AND
VERIFIABLE PARENTAL CONSENT to any third party, except to
a service provider performing age assurance OR VERIFIABLE
PARENTAL CONSENT under a contract prohibiting further
disclosure.
(iii) Shall retain documentation THAT MAY NOT
CONTAIN PERSONALLY IDENTIFIABLE INFORMATION as to the
manner in which the operator has completed age assurance
and obtained verifiable parental consent. The operator
may THE FOLLOWING SHALL APPLY:
(A) THE OPERATOR SHALL delete the documentation
when the minor is no longer a minor or within the
established time frame by the operator for
maintaining data, whichever is later. In no EARLIER.
(B) IN NO event may personally identifiable
information obtained for the purpose of age assurance
OR VERIFIABLE PARENTAL CONSENT under this subsection
ACT be retained longer than 24 hours following age
assurance OR VERIFIABLE PARENTAL CONSENT.
(C) AN OPERATOR MAY NOT UTILIZE THE
DOCUMENTATION OBTAINED UNDER THIS SUBSECTION FOR ANY
PURPOSE OTHER THAN COMPLIANCE WITH THIS ACT.
Section 6 7. Guidance and regulations.
The Office of Attorney General may issue guidance or
promulgate regulations necessary to carry out this act.
Section 7 8. Violations and penalty.
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(a) Enforcement.--The Attorney General shall enforce this
act.
(b) Penalty.--An operator in violation of this act shall be
subject to:
(1) A civil penalty of no more than $100,000 per day for
each violation. WHEN DETERMINING THE AMOUNT OF THE CIVIL
PENALTY, THE COURT SHALL CONSIDER THE FACTS OF THE CASE AND
MAKE A DETERMINATION AS TO THE APPROPRIATE CIVIL PENALTY
RELEVANT TO THE FACTS OF THE CASE.
(2) Additional remedies that the court deems
appropriate.
(c) Relief.--Upon a showing of cause for the issuance of
injunctive relief, a court may issue injunctive relief as the
court deems appropriate.
Section 8 9. Report.
(a) Collection of data.--Beginning July 1, 2028, each
operator shall annually report to the Office of Attorney General
the following de-identified information:
(1) The total number of times the operator has provided
notifications to users referring the users to crisis service
providers under section 3 4 in the preceding calendar year.
(2) Protocols put in place to prevent an AI companion
from producing suicidal ideation or other content under
section 3(b) (4)(B).
(3) Measures put in place to prohibit an AI companion
from producing material under section 5(a) 6(A).
(4) Procedures for age assurance and obtaining
verifiable parental consent under section 5(b) 6(B).
(b) Publication.--The Attorney General shall publish the
information collected under subsection (a) on the Office of
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Attorney General's publicly accessible Internet website.
Section 9 10. Effective date.
This act shall take effect in 180 days.
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