48-2202 DEFINITIONS.

48-2102 [48-2202]. definitions. [EFFECTIVE JULY 1, 2027] As used in this chapter:

(1) "Account holder" means an individual who has or opens an account or profile to use a conversational AI service.

(2)(a) "Conversational AI service" means an artificial intelligence software application, web interface, or computer program that is accessible to the general public and that primarily simulates human conversation and interaction through textual, visual, or aural communications.

(b) "Conversational AI service" does not include a software application, web interface, or computer program that is any of the following:

(i) Primarily designed and marketed for use by developers or researchers;

(ii) A feature within another software application, web interface, or computer program that is not a conversational AI service;

(iii) A chatbot that is a feature of a video game that is limited to replies related to the video game and that does not discuss topics related to mental health, self-harm, or material harmful to minors or maintain a dialogue on other topics unrelated to the video game;

(iv) Designed to provide outputs relating to a narrow and discrete topic;

(v) Primarily designed and marketed for commercial use by business entities, including those whose primary intended users are employees, contractors, or clients of business entities, whether delivered via cloud, on premises, or hybrid deployments;

(vi) Designed to function as a speaker and voice command interface or voice-activated virtual assistant for a consumer electronic device;

(vii) Used by a business solely for internal purposes;

(viii) Accessible only to individuals who have entered into a commercial agreement, enterprise contract, or similar business arrangement with the operator; or

(ix) A chatbot used only for customer service, a business's operational purposes, productivity purposes, or analysis related to source information, internal research, or technical assistance.

(3) "Individual" means a natural person.

(4) "Minor" means an individual under circumstances where an operator has actual knowledge or reasonable certainty that the individual is under eighteen (18) years of age.

(5) "Minor account holder" means an account holder who is a minor.

(6) "Operator" means a person who makes available a conversational AI service to the public. Operator does not include mobile application stores or search engines solely because they provide access to a conversational AI service.

(7) "Person" means a natural person or legal entity.

(8) "Sexually explicit conduct" and "visual depiction" have the same meanings as provided in 18 U.S.C. 2256.

History:

[(48-2202) 48-2102, added 2026, ch. 249, sec. 1, p. 1050.]