Skip to main content

VA AI Chatbots & Minors

Virginia Artificial Intelligence Chatbots and Minors Act (SB 796)

Requires AI chatbot operators with 500,000+ monthly users to implement crisis detection safeguards, provide disclosure to users, notify emergency services when imminent harm detected, and report serious incidents to the attorney general.

Jurisdiction

Virginia

Enacted

Pending

Effective

TBD

Enforcement

Virginia Attorney General (VCPA/VCDPA processes)

Passed Senate 39-1. Carried over to 2027 by House Communications, Technology and Innovation Committee on March 2, 2026, due to concerns about federal broadband funding implications.

Virginia Legislative Information System

Why It Matters

Notable for incident reporting requirements (deaths, suicide attempts, psychiatric emergencies must be reported to AG) and 500,000 monthly user threshold that limits scope to major operators. Carried over due to federal preemption concerns.

Recent Developments

Passed Senate 39-1 but carried over to 2027 by House committee on March 2, 2026. Committee cited concerns that state AI regulations could affect federal broadband funding under Trump administration's December 2025 executive order directing review of state AI laws.

At a Glance

Applies to

AI CompanionCharacter ChatbotGeneral Chatbot

Who Must Comply

  • Chatbot operators with at least 500,000 monthly active users worldwide

Applicability thresholds:

500K global users/month — Subject to all operator obligations

Safety Provisions

  • Crisis detection for emotional dependence and suicidal ideation
  • Crisis resource provision to at-risk users
  • Emergency service notification within 24 hours for imminent harm
  • Incident reporting to attorney general within 15 days for deaths, suicide attempts, or psychiatric emergencies
  • AI disclosure that chatbot is not human
  • Periodic notices during extended engagement sessions

Exemptions

Internal Workplace Tools

Internal workplace tools exempt

  • • Not consumer-facing

Clinician-Supervised Systems

Clinician-supervised AI systems exempt

  • • Under direct clinical supervision

Customer Service Platforms

Customer service platforms exempt

  • • Primarily transactional

Compliance & Enforcement

Penalties

$50K/violation

Private Right of Action

Individuals can sue directly without waiting for regulatory action.

View on map

Virginia

Focus Areas

Mental health & crisis
Child safety
Active safeguards required

Cite This

APA

Virginia. (n.d.). Virginia Artificial Intelligence Chatbots and Minors Act (SB 796).

Related Regulations

Enacted US-OR

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.

Pending US-MD

MD HB 952

Regulates companion chatbot operators with mandatory disclosures, harm detection, and crisis referral protocols for self-harm and suicidal ideation, backed by product liability and a private right of action.

Pending US-CA

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.

Enacted US-NH

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.

Pending US-NY

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.

Proposed US

AI LEAD Act

Classifies AI systems as 'products' under federal law and establishes a federal cause of action for product liability claims against AI developers and deployers, including claims for design defects, failure to warn, and strict liability.

Last updated March 23, 2026. Verify against primary sources before relying on this information.