regulate the use of chatbots by minors.

26.252.10 101st Legislative Session 168

2026 South Dakota Legislature
Senate Bill 168

Introduced by: Senator Larson

Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to regulate the use of chatbots by minors. 1
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2
Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 26: 3
Terms used in this chapter mean: 4
(1) "Age verification," any method by which a deployer confirms that an individual 5
attempting to engage with an AI-companion, therapy chatbot, or other generative 6
artificial intelligence possessing human -like features is at least eighteen years of 7
age, by authenticating a driver license, passport, or other identification card issued 8
by a state or the federal government, which includes a photograph of the individual 9
and the individual's date of birth; 10
(2) "Artificial intelligence," any machine-based system that, for any explicit or implicit 11
objective, infers from the inputs received by the system how to generate content, 12
decisions, predictions, recommendations, or other outputs, which can influence 13
physical or virtual environments; 14
(3) "AI-generated content," any image, video, audio, multimedia, or text content that 15
is substantially created or modified by generative artificial intelligence, so that the 16
use of generative artificial intelligence alters the meaning or significance a 17
reasonable person would take away from the content; 18
(4) "AI-companion," a generative artificial intelligence that is designed, optimized, and 19
marketed to form ongoing social or emotional bonds with a user, regardless of 20
whether the system also has the ability to provide information, complete tasks, or 21
assist the user with specific functions; 22
(5) "Chatbot," a generative artificial intelligence with which a user is able to interact 23
by approximating or simulating conversation through text, audio, or other 24
communicative medium; 25
(6) "Deployer," an individual or entity that operates or distributes a chatbot; 26
26.252.10 2 168
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Overstrikes indicate deleted language.
(7) "Emergency situation," a circumstance in which a user indicates to a therapy 1
chatbot or other artificial intelligence that the user is a danger to self or others; 2
(8) "Generative artificial intelligence," an artificial intelligence capable of generating 3
novel image, video, audio, multimedia, or text content based on prompts or other 4
forms of data provided by a user; 5
(9) "Human-like feature," a feature of a generative artificial intelligence capable of: 6
(a) Behaving in a way that would cause a reasonable individual to believe the 7
intelligence that created the image, video, audio, multimedia, or text 8
content is human or possesses sentience, emotions, or desires; 9
(b) Responding to the prompts or data provided by the user in a way that 10
simulates the development of an emotional relationship with the user; or 11
(c) Impersonating any individual, living or dead; 12
(10) "Therapy chatbot," a chatbot that has been designed or modified in a way that 13
purports to provide mental health support, counseling, or therapeutic intervention 14
through the diagnosis, treatment, mitigation, or prevention of a mental health 15
condition; and 16
(11) "User," an individual who interacts with an artificial intelligence; 17
Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 26: 18
A deployer may not make any chatbot operated or distributed by the deployer 19
available to be purchased, used, or otherwise engaged by a minor, if the chatbot is 20
designed, optimized, or marketed as an AI-companion or has been designed or optimized 21
to include any human -like features. The deployer shall implement an age verification 22
system on any chatbot marketed as an AI-companion or designed or optimized to include 23
any human-like features. The deployer may make a version of the chatbot available to a 24
minor, if the deployer has removed all human-like features from the chatbot. 25
Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 26: 26
A deployer shall implement and maintain a system that detects, responds to, 27
reports, and mitigates an emergency situation, in a manner that prioritizes the safety and 28
well-being of the user. 29
Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 26: 30
26.252.10 3 168
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Overstrikes indicate deleted language.
A deployer may collect and store information from a user only if the information is 1
necessary for the deployer to fulfill a legitimate purpose. 2
Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 26: 3
A deployer may make any chatbot operated or distributed by the deployer available 4
to be purchased, used, or otherwise engaged by a minor, if the chatbot is designed or 5
optimized to be a therapy chatbot. Before a therapy chatbot may be made available to a 6
minor, the deployer must ensure that: 7
(1) The chatbot provides, at the beginning and end of each interaction with the 8
chatbot, a clear and conspicuous disclaimer that the responses are the product of 9
a generative artificial-intelligence and not a licensed professional; 10
(2) The chatbot is not designed or marketed to be a substitute for a licensed 11
professional; 12
(3) A licensed mental health professional: 13
(a) Assesses a user's suitability; 14
(b) Prescribes the chatbot to the user as part of a comprehensive treatment 15
plan; and 16
(c) Monitors the impact of the chatbot on the user; 17
(4) The developer of the chatbot provides robust, independent, and peer -reviewed 18
clinical trial data demonstrating the safety and efficacy of the chatbot, when used 19
under specific conditions; and 20
(5) The system's functions, limitations, and data privacy policies are transparent to 21
both the licensed health professional and the user. 22
Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 26: 23
Any deployer found in violation of sections 2, 3, 4, or 5 of this Act is subject to an 24
injunction and liable for a civil penalty in an amount not exceeding five thousand dollars 25
per incident, per affected minor. The civil penalty may be assessed and recovered only in 26
a civil action by the attorney general. The attorney general shall forward any civil penalty 27
collected under this section to the state treasurer for deposit in the general fund. 28
Before the attorney general may initiate an action pursuant to this section, the 29
attorney general must provide written notice to the deployer. The attorney general shall 30
identify, in the notice, the provision that is alleged to have been violated, and the 31
measures that must be implemented by the deployer to prevent future violations. 32
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Overstrikes indicate deleted language.
If the deployer cures any noticed violation to the satisfaction of the attorney 1
general, and, within ninety days of the notice, provides the attorney general with a written 2
statement, signed under oath, indicating that the alleged violation has been cured, the 3
deployer is not liable for a civil penalty for any cured violation of section 2, 3, 4, or 5 of 4
this Act. 5
Nothing in this section may be construed to serve as the basis for a new private 6
right of action for any violation of section 2, 3, 4, or 5 of this Act. 7