States are increasingly stepping into the policy vacuum left by Congress with their own safeguards for children and teenagers aimed at reducing risks associated with AI chatbots and companion applications.
The state-level activity comes amid growing concern about the role AI systems may play in self-harm, emotional manipulation and exposure to inappropriate content, according to Tech Policy Press. Those concerns have intensified following a series of lawsuits alleging that interactions with AI chatbots contributed to the deaths of minors and young adults. Most recently, Florida became the first state to sue OpenAI, alleging in part that a gunman who carried out a deadly shooting at Florida State University sought advice from ChatGPT before the attack.
The debate is unfolding as AI adoption among young people accelerates. According to data from a Common Sense Media survey conducted last year, 72% of teenagers have used AI companions, while one-third report using chatbots for social interaction or emotional support. Families have filed lawsuits against several AI companies over alleged links between chatbot interactions and suicides, including a widely publicized case involving a 14-year-old who developed a relationship with a Character.ai chatbot before taking his own life.
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Congress has responded with several legislative proposals, but none have yet become law. The most prominent effort is the bipartisan Generative AI and Responsible Development (GUARD) Act, introduced by Senators Josh Hawley (R-MO) and Richard Blumenthal (D-CT). The measure was unanimously approved by the Senate Judiciary Committee in April and is awaiting consideration by the full Senate. A companion measure has also been introduced in the House.
The GUARD Act would impose several requirements on AI chatbot providers, including age-verification mechanisms, mandatory disclosure that users are interacting with a non-human system, restrictions on AI companions designed to simulate relationships with minors, and criminal penalties for making sexually explicit chatbot content available to children.
Other federal proposals are pursuing narrower approaches. The CHATBOT Act would require parental controls for children’s AI use, while the Youth AI Privacy Act would prohibit companies from using minors’ personal information to train AI models. The KIDS Act package would impose additional restrictions, including prohibiting chatbots from presenting themselves as licensed professionals.
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In the absence of federal action, however, states have moved aggressively. According to data from the National Conference of State Legislatures’ Artificial Intelligence Legislation Database, lawmakers in 49 states and the District of Columbia have introduced 464 bills since 2025 addressing chatbot safeguards and AI use in areas such as healthcare. More than half of the states have enacted at least one AI-related law.
California emerged as an early leader when Governor Gavin Newsom signed SB 243, which took effect on January 1. The law requires chatbot providers to disclose that users are interacting with AI, detect signs of harmful behavior such as suicidal ideation and direct users to appropriate resources, and filter sexually explicit content for minors.
Washington State enacted similar protections through HB 2225. The law requires AI disclosures and prohibits chatbot systems from generating sexually explicit or otherwise harmful content for minors. “It’s a high-risk ball game, and lives are being lost, so we have to act,” State Representative Lisa Callan, the law’s sponsor, said. “It’s better if we can do it at a national level so we have consistency across the nation, but we can’t wait.”
The growing state activity reflects a familiar dynamic in technology regulation, where states often serve as policy laboratories while federal lawmakers struggle to reach consensus. The Trump administration has generally favored a pro-innovation approach to AI regulation, although a White House framework released in March endorsed parental controls and protections against sexually explicit and self-harm content for minors.
For now, though, the absence of a comprehensive federal framework is leaving states to establish the first generation of AI safety standards for minors. Whether Congress ultimately adopts the GUARD Act or another federal approach may determine whether those emerging state rules become a national baseline or remain part of an increasingly fragmented regulatory landscape.
