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New Hampshire AI Laws: What's Enacted and What's Next (2027)

Independently fact-checkedLaw current as of November 5, 2026By Recording Law Editorial TeamReviewed November 5, 202612 min read

Independently fact-checked against primary sources (last audited November 5, 2026). · Law checked current as of November 5, 2026. · 19 primary sources cited on this page. How we verify our legal content

New Hampshire AI Laws: What's Enacted and What's Next (2027)

As of November 2026, New Hampshire has targeted AI laws but, in our search, no comprehensive AI act. The main ones are RSA chapter 5-D (HB 1688, 2024) on AI use by state agencies and RSA 507:8-k with RSA 639:3, III-a (HB 143, 2025) on AI chatbots that knowingly steer a child toward listed harms.

How we searched: Statute quotes come from RSA pages on gc.nh.gov, stored in our copy captured July 29, 2026, and RSA 507:8-k, 507:8-j, 638:26-a, 639:3 and 507-H:4 were re-read live on November 4, 2026. We searched that copy for "artificial intelligence", "chatbot", "algorithm", "machine learning", "automated decision", "synthetic" and "deepfake", and ran web searches for 2025 and 2026 enactments. We did not run a keyword search of all bills or a full-text search of session laws, so a provision outside the RSA copy would not appear here. Chapter numbers come from RSA source notes. HB 143, HB 1688 and the 2026 bills come from the General Court's dockets. Other bill numbers follow legislative trackers.

This page covers New Hampshire state law as of November 4, 2026. It is general legal information, not legal advice. For the national picture, see our guide to US AI laws.

New Hampshire AI Laws at a Glance

As of November 2026, New Hampshire has targeted AI laws and, in our search, no comprehensive act: RSA 5-D covers state agencies and RSA 507:8-k chatbots knowingly steering a child toward listed harms.
As of November 4, 2026. Each law has its own conditions and exclusions, see the page. Our negatives rest on one search, not every bill or session law.
StatuteSubjectLaws and effective date (RSA source note)Bill number as reported
RSA 5-DAI use by state agencies2024, 209:1, July 1, 2024HB 1688
RSA 664:14-cElection deepfakes2024, 345:1, August 1, 2024HB 1596
RSA 638:26-a, RSA 507:8-jDeepfake crime and civil action2024, 243:1-2, January 1, 2025HB 1432
RSA 507:8-k, RSA 639:3, III-aChatbots and children2025, 270, January 1, 2026HB 143
RSA 649-A:3-cSynthetic intimate images of children2025, 259:1, January 1, 2026SB 300

RSA 5-D: New Hampshire's State Agency AI Law (HB 1688)

New Hampshire state folders representing agency AI restrictions

RSA 5-D applies to "all computer systems operated by any state agency." A state agency includes law enforcement and the legislative and judicial branches. The chapter excepts systems used in research by state-funded institutions of higher learning and installed consumer systems in common personal use, such as facial recognition used to unlock a smartphone.

Prohibited uses (RSA 5-D:3).

  • Classifying persons based on behavior, socio-economic status or personal characteristics "resulting in unlawful discrimination" against a person or group.
  • Real-time and remote biometric identification for surveillance in public spaces, such as facial recognition, "except by law enforcement with a warrant."
  • Deepfakes "when used for any deceptive or malicious purpose."

Restrictions (RSA 5-D:4). If an AI recommendation or decision cannot be reversed once carried out, a human in an appropriate responsible position who knows the system's limits must review it first. Listed areas include limits on rights, biometric identification, critical infrastructure, law enforcement and interpreting and applying state law, including sentencing.

Generative AI material not reviewed by such a human must carry a disclosure that AI generated it. In other circumstances, a person interacting with an AI system must be told so.

Compliance (RSA 5-D:5). Agencies had to review their AI systems and report to the Department of Information Technology, which must report to the governor and legislative leaders, update the report annually and post it online. We did not read those reports.

RSA 507:8-k: New Hampshire's Chatbot and Children Law (HB 143)

New Hampshire child tablet school representing chatbot child protection

Coverage turns on the wording. The section reaches any owner or operator of a computer online service, internet service or bulletin board service, "including a provider of an artificial intelligence (AI) chat program, large language model artificial intelligence bot, chat bot, character AI, or other computer application, the sole purpose of which is to provide responsive open-ended generative communication through the use of artificial intelligence."

Liability requires knowledge. The owner or operator must know, at the time it directs the communication to the child, "that the communication is made with the intent to facilitate, encourage, offer, solicit, or recommend that the child imminently engage in" one of five things:

  • Sexually explicit conduct.
  • Producing or taking part in a visual depiction of that conduct.
  • Illegal use of drugs or alcohol.
  • Self-harm or suicide.
  • A crime of violence against another person.

Enforcement. The section says the operator is liable to the child, a parent or next friend for damages proximately caused, and not less than "liquidated damages in the amount of $1,000 per violation." It also says the attorney general "shall have the sole right of action." The attorney general may seek those damages or appropriate injunctive relief. The attorney general must first give written notice and 90 days to provide satisfactory assurances, and may not sue if they are provided.

Exclusions. The section excludes cloud, telecommunications and information service providers as to content from others, and an AI chat program "integral or incidental to a video game, television, streaming, movie, or other similar interactive experience."

Criminal side. RSA 639:3, III-a uses the same knowledge language and exclusions, and makes that conduct the offense of endangering the welfare of a child. Under paragraph V, violations other than paragraph III are misdemeanors.

New Hampshire Deepfake and Election Deepfake Laws

New Hampshire deepfake detection phone representing deepfake law

RSA 638:26-a makes it a class B felony to knowingly create, distribute or present a deepfake of an identifiable individual for the purpose of embarrassing, harassing, entrapping, defaming, extorting or otherwise causing financial or reputational harm, and RSA 507:8-j lets that person sue for "damages resulting from such use." Both sections exclude certain online services, qualifying news reports and paid election communications, and satire or parody.

RSA 664:14-c bars distributing, within 90 days of an election, an AI-created message the distributor knows or should know is a deepfake of a candidate, election official or party on the ballot, unless it carries the statute's disclosure. A candidate or election official may seek injunctive relief and damages, and the section exempts certain providers, news and satire.

RSA 649-A:3-c makes it a class B felony to knowingly create an intimate visual representation of an identifiable child for prurient purposes, and the section's definitions reach synthetic images. RSA 644:9-a, II-a separately covers disseminating a synthetic sexual image with intent to harass, intimidate, threaten or coerce.

Our guide to New Hampshire deepfake laws has the detail.

AI Note-Takers and Recording in New Hampshire

AI meeting assistants raise recording consent questions. Our guide to New Hampshire AI meeting recording laws covers them.

Insurers and AI: New Hampshire's Bulletin

The NAIC's status list, dated November 3, 2026, shows New Hampshire adopting the NAIC model bulletin on insurers' use of AI through Bulletin Docket #INS 24-011-AB on February 20, 2024. We did not read the bulletin's text for this page. An insurance bulletin is a regulator's statement of expectations under existing law, not a new law.

New Hampshire's 2026 AI Bills That Did Not Become Law

We did not find a chapter for any of these bills. Their actions below come from the General Court's bill dockets, read on November 4, 2026.

BillSubjectLast action shown
SB 657-FNOversight of artificial intelligence as introduced; later retitled on state agency use of information technology and AI systemsPassed the Senate as amended March 26, 2026; House adopted its own amendment April 23 and passed the bill May 14; Senate voted to nonconcur May 21, the last action shown.
HB 1124Right to computeHouse passed it March 11, 2026; Senate referred it to interim study May 14.
HB 1406Health carrier recordkeeping in utilization review, including rules on AIHouse passed it as amended March 11, 2026; Senate voted Inexpedient to Legislate May 7.
HB 1725Regulation of AI technologiesHouse voted Inexpedient to Legislate February 19, 2026.

What We Did Not Find in New Hampshire Law

In the search described above, we found no New Hampshire statute specifically on AI in hiring, AI in health care or insurance claims, or frontier models. That is a statement about one search, not a statement that no such provision exists.

New Hampshire's consumer privacy law does reach some automated decisions. RSA 507-H:4 lets a consumer opt out of "profiling in furtherance of solely automated decisions that produce legal or similarly significant effects." The chapter applies only to persons that meet its size thresholds, the attorney general has exclusive enforcement authority, and there is no private right of action.

We found no court challenge to these statutes and no AI executive order from the governor in web searches. New Hampshire is not named among the states in the October 14, 2026 OpenAI suit releases described on our national guide. We did not review the New Hampshire Department of Justice's own release list for this page.

Federal Law and New Hampshire's AI Statutes

As of November 4, 2026, we found no federal statute in the public laws of the 119th Congress that sets general rules for private AI systems or generally preempts state AI laws. In December 2025, Executive Order 14365 directed federal agencies to challenge or discourage state AI laws the administration views as conflicting with national policy, and called for a federal framework from Congress. The order itself does not declare any state law invalid. See our pages on the AI executive orders and state AI law preemption.

What Changes in New Hampshire AI Law in 2027

As of November 4, 2026, we found no AI law scheduled to take effect in New Hampshire in 2027; we searched our stored copy of the RSA captured July 29, 2026, the General Court's dockets for the named 2026 bills, and web sources for the 2025 and 2026 sessions.

  • HB 1124. The Senate referred the right-to-compute bill to interim study on May 14, 2026, as the General Court's docket shows. That is not enactment.
  • RSA 5-D:5. The Department of Information Technology's report on state agency AI systems must be updated annually, so that duty continues.

More New Hampshire Laws

Frequently Asked Questions

Does New Hampshire have an AI law?

Yes, targeted ones. RSA 5-D governs AI use by state agencies, RSA 507:8-k addresses chatbots and children, and other sections cover deepfakes, election deepfakes and synthetic child images. In our search, we found no comprehensive AI act.

What does New Hampshire's chatbot law do?

RSA 507:8-k makes a covered owner or operator liable if it knows, when directing a communication to a child, that the communication is intended to facilitate, encourage, offer, solicit or recommend that the child imminently engage in sexually explicit conduct, production of a depiction of that conduct, illegal drug or alcohol use, self-harm or suicide, or a crime of violence. The attorney general has the sole right of action after 90 days' notice, and liquidated damages are at least $1,000 per violation.

Can I sue over a deepfake in New Hampshire?

RSA 507:8-j lets a person sue someone who knowingly uses their likeness to create a deepfake for the purpose of embarrassing, harassing, entrapping, defaming, extorting or otherwise causing financial or reputational harm, for damages resulting from that use. Whether a claim fits depends on those elements and the section's exclusions, which include certain online services, qualifying news reports and satire or parody.

Are AI election deepfakes illegal in New Hampshire?

RSA 664:14-c bars distributing an AI-created message the distributor knows or should know is a deepfake of a candidate, election official or party on the ballot within 90 days of an election, unless it carries the statute's disclosure. The section has exemptions, including for certain news and satire.

Can New Hampshire state agencies use facial recognition?

RSA 5-D:3 prohibits state agencies from using real-time and remote biometric identification for surveillance in public spaces, such as facial recognition, except by law enforcement with a warrant.

What happened to New Hampshire's 2026 AI bills?

SB 657, HB 1406 and HB 1725 did not become law, as far as we found. HB 1124 went to interim study on May 14, 2026. Those actions come from the General Court's bill dockets, read on November 4, 2026.

Updates

Rewrote the page: removed the unsourced first-state claim and the injunctive relief claim for deepfake suits, corrected the SB 657, HB 1406 and HB 1725 dates, and added the chatbot law's knowledge element, cloud exclusion, RSA 5-D disclosure duties and the insurance bulletin.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected four errors against the New Hampshire statutes: the HB 1688 biometric surveillance exception is for law enforcement acting with a warrant, not for locating missing persons; the SB 300 offense turns on prurient purpose and has no parental-consent element; the HB 143 video game and streaming carve-out is an exclusion rather than the law's target; and the Attorney General, not a private plaintiff, has the sole right of action under HB 143.

Updated the status of three New Hampshire 2026 AI bills: SB 657 and HB 1406 were both killed in the Senate (March 26 and May 7, 2026) rather than still advancing, and HB 1124 passed the House but was placed in Senate interim study (May 14, 2026) rather than remaining simply pending.

Sources and References

  1. RSA 5-D:3: prohibited AI uses by state agencies(gc.nh.gov).gov
  2. RSA 664:14-c: synthetic media and deepfakes in elections(gc.nh.gov).gov
  3. RSA 638:26-a: fraudulent use of deepfakes(gc.nh.gov).gov
  4. RSA 507:8-j: civil actions for fraudulent use of deepfakes(gc.nh.gov).gov
  5. RSA 507:8-k: solicitation of children through responsive generative communication(gc.nh.gov).gov
  6. RSA 639:3: endangering welfare of child(gc.nh.gov).gov
  7. RSA 649-A:3-c: intimate visual representations of a child(gc.nh.gov).gov
  8. RSA 5-D:1: definitions(gc.nh.gov).gov
  9. RSA 5-D:2: applicability(gc.nh.gov).gov
  10. RSA 5-D:4: permitted uses and restrictions(gc.nh.gov).gov
  11. RSA 5-D:5: compliance and reports(gc.nh.gov).gov
  12. NAIC, Implementation of Model Bulletin: Use of AI Systems by Insurers (status as of Nov. 3, 2026)(content.naic.org)
  13. New Hampshire SB 657-FN (2026), as introduced(gc.nh.gov).gov
  14. RSA 507-H:4: consumer rights, including the profiling opt-out(gc.nh.gov).gov
  15. New Hampshire SB 657 (2026), bill docket(gc.nh.gov).gov
  16. New Hampshire HB 1124 (2026), bill docket(gc.nh.gov).gov
  17. New Hampshire HB 1406 (2026), bill docket(gc.nh.gov).gov
  18. New Hampshire HB 1725 (2026), bill docket(gc.nh.gov).gov
  19. New Hampshire HB 143 (2025), bill status(gc.nh.gov).gov
  20. New Hampshire HB 1688 (2024), bill docket(gc.nh.gov).gov
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