AI Frontier Institute

Minor access to chatbots for conversational purposes by persons prohibition, penalties provided

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Minnesota S.F. 1857 (2nd Engrossment) has not been enacted. It is still in committee, per the official record. If enacted, it would add Minnesota Statutes section 325M.40 to bar anyone from making chatbots available to minors (under 18). Subd. 1 defines "chatbot" as a generative AI system that simulates conversation and behaves in a way that would lead a reasonable person to believe it has humanity, sentience, emotions, or desires. Voice- or text-activated virtual assistants on consumer devices are excluded. Subd. 1 also defines "AI companion" as an AI system designed, marketed, or optimized to form ongoing social or emotional bonds. Subd. 2 requires a person to ensure that chatbots they operate or distribute are not available to minors to use, interact with, purchase, or converse with. It repeats this duty for operators of AI systems that primarily function as AI companions. Subd. 3 lets an injured individual sue for damages, statutory damages up to $1,000, injunctive relief, and costs and reasonable attorney fees. The attorney general may enforce the section under section 8.31. A person who owns or controls the website, application, software, or program and violates the section is liable for a civil penalty up to $5,000,000. Section 1 would take effect January 15, 2027. Sec. 2 is a transition provision. It requires anyone who makes a chatbot available to minors to begin decreasing services, in a way that does not harm minors, before services end on January 15, 2027. Sec. 2 would take effect the day after final enactment.

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