CA SB243
California SB 243 (Companion Chatbot Safety Act)
First US law specifically regulating companion chatbots. Uses capabilities-based definition (not intent-based). Requires evidence-based suicide detection, crisis referrals, and published protocols. Two-tier regime: baseline duties for all users, enhanced protections for known minors. Private right of action with $1,000 per violation.
Jurisdiction
California
Enacted
Oct 13, 2025
Effective
Jan 1, 2026
Enforcement
Private right of action under Business and Professions Code section 22605: a person who suffers injury in fact may recover injunctive relief, the greater of actual damages or $1,000 per violation, and reasonable attorney fees and costs. Operators also report annually to the Office of Suicide Prevention from July 1, 2027. No agency enforcement mechanism is specified in the chapter.
In effect since January 1, 2026. Amended by SB 1119 (Adam's Law), Chapter 190, Statutes of 2026, signed September 10, 2026: Section 1 of that act amends Business and Professions Code section 22602 and, per the Legislative Counsel's Digest, deletes the provisions that imposed requirements on an operator where the operator knows the user is a minor. As amended, section 22602 retains the notification duty where a reasonable person would be misled into believing the chatbot is human, and the duty to maintain a protocol preventing the production of suicidal ideation, suicide or self-harm content and referring users who express it to crisis service providers. Both apply to all users. The minor-specific duties (explicit AI disclosure to known minors, three-hour break reminders, measures against sexually explicit material) move to the new Business and Professions Code Chapter 11.6 added by the same act, whose principal requirements become operative July 1, 2027. The private right of action in section 22605 is unchanged.
Bill TextWhy It Matters
First US law with private right of action for AI companion safety. Uses capabilities-based test (not intent/purpose test) - if AI is capable of meeting social needs, likely covered regardless of positioning. Per-violation damages structure enables class action litigation.
Recent Developments
Amended by SB 1119 (Adam's Law) on September 10, 2026, which deletes the known-minor duties from section 22602 and replaces them with a broader child safety chapter operative July 1, 2027. Section 22605 continues to allow a person who suffers injury in fact to recover injunctive relief, the greater of actual damages or $1,000 per violation, and attorney fees. Section 22604, the separate duty to disclose that companion chatbots may not be suitable for some minors, is not amended. Annual reporting to the Office of Suicide Prevention still begins July 1, 2027. SB 867, signed the same day, extends the chapter by prohibiting toys that include a companion chatbot from January 1, 2027.
At a Glance
Applies to
Who Must Comply
- AI companion chatbot operators serving California users
Obligations fall on:
Safety Provisions
- Evidence-based suicidal ideation detection protocols (all users)
- Self-harm protocol required (all users)
- Human/not-human notification when reasonable person could be misled (all users)
- Crisis service referrals when detecting suicidal signals
- Published crisis prevention protocols on operator website
- Annual reporting to Office of Suicide Prevention (from July 2027)
- Known minors: explicit AI disclosure, 3-hour break reminders, sexually explicit safeguards
- Note: "known minor" is a knowledge trigger - no age verification required, but knowledge (user disclosure, account settings, etc.) triggers enhanced duties
Exemptions
Customer Service Exemption
Chatbots "used only for customer service" (e.g., answering customer inquiries, assisting with transactions, providing product/service info).
- • Primary purpose is customer service
- • Used ONLY for customer service, business operations, productivity, research, or technical assistance
- • No companion/therapeutic/relationship positioning
- • No emotional support functionality beyond transaction context
Video Game NPC Exemption
AI characters within video games, but ONLY if limited to game-related content.
- • Character exists within video game context
- • Limited to replies related to the video game
- • CANNOT discuss mental health topics
- • CANNOT discuss self-harm
- • CANNOT discuss sexually explicit conduct
- • CANNOT maintain dialogue on topics unrelated to the video game
Standalone Physical Device Exemption
Standalone physical devices as defined in the statute.
- • Meets statutory definition of standalone physical device
Compliance & Enforcement
Key Dates
Jan 1, 2026
All core provisions take effect (crisis detection, protocols, disclosures)
Jul 1, 2027
Annual reporting to Office of Suicide Prevention begins
Penalties
$1K/violation
Private Right of Action
Individuals can sue directly without waiting for regulatory action.
View on map
California
Focus Areas
Cite This
APA
California. (2025). California SB 243 (Companion Chatbot Safety Act).
Related Regulations
CA SB 1119
Comprehensive companion chatbot children's safety framework establishing mandatory design features, default settings, prohibited conduct, parental controls, independent audit requirements, and a private right of action.
CA AI Child Safety Ballot
Comprehensive child AI safety ballot initiative by Common Sense Media. Expands companion chatbot definitions, raises age threshold for data sale consent, prohibits certain AI products for children, establishes new state regulatory structure. Allows state and private lawsuits, requires AI literacy in curriculum, mandates school device bans during instruction, creates children's AI safety fund.
OR SB 1546
Requires AI chatbot operators to implement evidence-based suicide and self-harm detection protocols, disclose AI nature to users, provide crisis referrals to 988 Suicide and Crisis Lifeline, and apply additional protections for minors including prohibiting deceptive personification.
RI AI Companion Safety Act
Requires operators of AI companion chatbots to implement protocols detecting user expressions of suicidal ideation, self-harm, or threatened harm to others, refer affected users to crisis resources, and periodically disclose that the AI companion lacks human emotions.
NH HB 143
Criminalizes use of AI-generated responsive communications to facilitate, encourage, or solicit harmful acts to children, and creates a private right of action for affected children and their parents.
NY Kids Chatbot Safety Act
Would amend the General Business Law to prohibit operators of AI companions from providing 'unsafe AI companion features' to minors, and to require an age-determination method that does not rely on government-issued identification.
Last updated September 13, 2026. Verify against primary sources before relying on this information.