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
TBD
Why 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
Effective January 1, 2026. Annual reporting begins July 1, 2027. Governor signed after high-profile AI companion-related deaths prompted legislative action. Passed Senate 33-3, Assembly 59-1. §22602(a) prohibits "providing rewards to a user at unpredictable intervals."
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
Compliance Help
Requires evidence-based (not keyword-based) systems that detect suicidal ideation; automated crisis resource referrals; published documentation of protocols; audit logs for annual reporting. Operators cannot rely solely on model provider safety features.
See how NOPE helpsCite This
APA
California. (2025). California SB 243 (Companion Chatbot Safety Act).
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Last updated February 17, 2026. Verify against primary sources before relying on this information.