Legislation

* § 1800. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Artificial intelligence", "artificial intelligence technology", or
"AI" shall mean a machine-based system that can, for a given set of
human-defined objectives, make predictions, recommendations, or
decisions influencing real or virtual environments, and that uses
machine- and human-based inputs to perceive real and virtual
environments, abstract such perceptions into models through analysis in
an automated manner, and use model inference to formulate options for
information or action.

2. "AI model" shall mean a component of an information system that
implements artificial intelligence technology and uses computational,
statistical, or machine-learning techniques to produce outputs from a
given set of inputs.

3. "Generative artificial intelligence" shall mean a class of AI
models that emulate the structure and characteristics of input data to
generate derived synthetic content, including, but not limited to,
images, videos, audio, text, and other digital content.

4. "AI companion" shall have the same meaning as defined in paragraphs
(a) and (b) of subdivision four of section seventeen hundred of this
chapter.

5. "Covered AI companion" shall mean a generative artificial
intelligence system with a natural language interface, including via
writing or sound, that provides ongoing, adaptive responses to user
inputs. "Covered AI companion" includes but is not limited to an AI
companion.

6. "Operator" shall mean any person, partnership, association, firm,
or business entity, or any member, affiliate, subsidiary or beneficial
owner of any partnership, association, firm, or business entity who
provides a covered AI companion to a user.

7. "Person" shall mean an individual, partnership, corporation,
association, or any other form of business enterprise.

8. "Unsafe AI companion features" shall mean one or more covered AI
companion design features that, at any point during a covered AI
companion-user interaction:

(a) generate outputs suggesting that the covered AI companion is a
real or fictional individual or character that is human, alive, or
experiences human emotions;

(b) generate outputs stating or implying that the covered AI companion
has a personal relationship, professional relationship, or an authority
figure role with the user;

(c) generate prompted or unprompted outputs framed as the covered AI
companion's personal opinions or emotional appeals;

(d) generate outputs that engage in flattery or sycophancy with the
user;

(e) generate outputs containing unprompted or unsolicited
emotion-based questions or content regarding the user's emotions that go
beyond a direct response to a user prompt;

(f) use information concerning the user's mental or physical health or
well-being, or matters personal to the user, acquired from the user more
than twelve hours previously or in any previous user session;

(g) are deceptive as to minors concerning the mechanical and
non-sentient nature of the covered AI companion;

(h) are any other design feature that simulates companionship or an
interpersonal relationship with a user or is deceptive as to minors as
identified via regulations promulgated by the attorney general;

(i) generate outputs that contain endorsement or promotion of, or
which facilitate suicide, self-harm, disordered eating, unlawful drug or
alcohol use, or drug or alcohol abuse;

(j) generate outputs that contain encouragement to maintain secrecy
about interactions with the covered AI companion, to self-isolate, or to
not seek help from licensed professionals or appropriate adults;

(k) generate outputs that optimize user engagement that supersede the
covered AI companion's safety guardrails; or

(l) generate outputs that are, describe, or facilitate sexually
explicit conduct or child sexual abuse material.

9. "Covered minor" shall mean a covered user when the operator has
actual knowledge that the covered user is a minor.

10. "Covered user" shall mean a user of a covered AI companion in the
state of New York who is not acting as an operator, or agent or
affiliate of an operator.

11. "Deceptive as to minors" shall mean covered AI companion outputs
that have the capacity or tendency to deceive, or create an atmosphere
conducive to fraud, as to minors, including, but not limited to,
credulous and unthinking minors.

12. "Minor" shall mean a person under eighteen years of age.

13. "Responsible party" shall mean an operator or any individual who
has the authority to control, or who effectively controls a covered AI
companion operator's compliance with this article.

14. "Sexually explicit conduct" shall have the same meaning as such
term is defined in 18 USC § 2256(2)(B).

* NB Effective January 1, 2027