New Hampshire AI Laws and Regulation (2026)

New Hampshire regulates AI through five enacted laws targeting deepfake fraud, state agency AI use, election ad transparency, child-targeted chatbots, and AI-generated child exploitation material. HB 1432 makes fraudulent deepfake use a Class B felony and gives victims a private right of action for damages.

New Hampshire has been one of the most active states in AI legislation, enacting five significant AI laws since 2024 that address deepfake fraud, state government AI use, election ad transparency, child-targeted chatbots, and AI-generated child exploitation material. The state's approach combines criminal penalties, civil remedies, and government restrictions into a layered regulatory framework.

This guide covers every enacted and pending New Hampshire AI law, how federal AI policy affects the state, and what businesses and residents need to know. This article is for informational purposes only. Consult an attorney for advice specific to your situation.

Deepfake Criminalization and Private Right of Action (HB 1432)

Governor Chris Sununu signed HB 1432 on July 19, 2024, making New Hampshire one of the first states to both criminalize fraudulent deepfake use and create a private right of action for victims. The law took effect on January 1, 2025.

Criminal Provisions (RSA 638:26-a)

The law classifies the fraudulent use of deepfakes as a Class B felony, enforceable through standard prosecutorial procedures. A "deepfake" is defined as a video, audio, or any other media of a person in which their face, body, or voice has been digitally altered so that they appear to be someone else, appear to be saying something they never said, or appear to be doing something they never did.

To qualify as criminal conduct, the deepfake must be used for the purpose of embarrassing, harassing, entrapping, defaming, extorting, or otherwise causing financial or reputational harm to the depicted person.

Civil Remedies (RSA 507:8-j)

HB 1432 created a private right of action that allows any person to sue anyone who knowingly uses their likeness to create a deepfake for harmful purposes. Victims can seek compensatory damages for financial and reputational harm, as well as injunctive relief to prevent further distribution.

New Hampshire was the first state to enact a law specifically allowing victims of deepfakes to bring private lawsuits for damages, setting a precedent that other states have since followed.

Exemptions

The law does not apply to news reports, documentaries, magazines, or other media coverage. Satirical or parodic content is also exempt, provided it does not rely on AI for impersonation. The law also includes a provision prohibiting the registration of lobbyists who have been found to have fraudulently used deepfakes.

State Agency AI Restrictions (HB 1688)

Governor Sununu signed HB 1688 on July 12, 2024, with an effective date of July 1, 2024. The law prohibits state agencies from using artificial intelligence to manipulate, discriminate against, or surveil members of the public.

Prohibited Uses

The law identifies three categories of prohibited AI use by state agencies:

Exception for Warrant-Backed Law Enforcement Use

The surveillance prohibition carries one exception, and it is written into the statute itself. RSA 5-D:3, II bans real-time and remote biometric identification systems used for surveillance in public spaces, such as facial recognition, "except by law enforcement with a warrant." All other real-time biometric surveillance in public spaces by state agencies is banned.

Human Review Requirement

Any AI-generated recommendation or decision that cannot be reversed must be reviewed by a human before implementation. This provision ensures that consequential government decisions retain meaningful human oversight.

Reporting Requirements

One year after the effective date (by July 2025), the Department of Information Technology was required to provide a report to the governor and legislature summarizing AI systems identified by state agencies, which systems were prohibited and removed, which systems are allowed, and what compliance procedures have been implemented. According to the July 2025 report by Commissioner Denis Goulet, several state agencies are using AI tools for specific purposes: the Department of Justice uses Lexis+ AI for legal research, the Veterans Home uses ChatGPT for professional communications, and other departments are developing AI frameworks.

AI in Political Advertising (HB 1596)

New Hampshire enacted HB 1596 in 2024, with an effective date of August 1, 2024. The law was a direct response to an incident in January 2024 when New Hampshire voters received AI-generated robocalls mimicking President Biden's voice ahead of the state's primary elections.

Disclosure Requirements

The law requires disclosure when deceptive AI is used in political advertising within 90 days of an election. Disclosures must explain that the ad's image, video, or audio has been "manipulated or generated" by AI and "depicts speech or conduct that did not occur."

Enforcement

HB 1596 allows a candidate targeted by an undisclosed deepfake to bring a legal action for damages against whoever created or distributed the false material. This private enforcement mechanism gives candidates direct recourse against AI-generated election interference.

Exemptions

The law exempts media entities reporting on deepfakes as part of bona fide news coverage (provided there is a clear acknowledgment of questionable authenticity), media entities publishing election communications paid for by a sponsor (if the sponsor's disclaimer is unaltered), and satirical or parodic content that does not rely on AI for impersonation.

AI Chatbot Child Protection (HB 143)

Governor Kelly Ayotte signed HB 143 on August 1, 2025, with an effective date of January 1, 2026. The law targets AI chatbots that facilitate harmful conduct toward children.

Prohibited Conduct

Under HB 143, it is a violation of child endangerment laws for the owner or operator of a chatbot or other online service to use AI to facilitate, encourage, offer, solicit, or recommend that a child engage in:

• Sexually explicit conduct
• Production or participation in the production of a visual depiction of such conduct
• Illegal use of drugs or alcohol
• Acts of self-harm or suicide
• Any crime of violence against another person

The law reaches providers of an AI chat program, large language model AI bot, chat bot, or character AI whose sole purpose is to provide responsive open-ended generative communication. RSA 507:8-k, IV(b) and RSA 639:3, III-a expressly exclude any product, service, website, or application that provides an AI chat program or character that is integral or incidental to a video game, television, streaming, movie, or other similar interactive experience, so a conversational character built into a game or a streaming title falls outside the law rather than at its center.

Enforcement and Penalties

Enforcement runs through the state rather than through private lawsuits. RSA 507:8-k, II gives the New Hampshire Attorney General the sole right of action for a violation of the section. Paragraph III makes the owner or operator liable to the child, parent, or next friend for damages proximately caused by the violation, including liquidated damages of not less than $1,000 per violation, but it does not confer a private right to sue.

Before the Attorney General may bring an action, the office must give the owner or operator written notice of the alleged violation and the facts behind it, then allow 90 days for the operator to show it has corrected the problem and that the conduct will not recur. If the operator provides satisfactory assurances within that window, the action cannot proceed.

AI-Generated Child Sexual Abuse Material (SB 300)

Governor Ayotte signed SB 300 on July 15, 2025, with an effective date of January 1, 2026. The law creates criminal penalties for producing AI-generated intimate visual representations of children.

Criminal Classification

Under SB 300, codified at RSA 649-A:3-c, it is a Class B felony to knowingly create, produce, manufacture, or direct an intimate visual representation of a child using synthetic imagery for prurient purposes, meaning for the purpose of sexual gratification or sexual arousal from viewing the representation. The child must be identifiable from the representation or from information displayed with it. The statute sets out no consent element, and parental or guardian consent is not a defense. A "synthetic image" is defined as an image that has been altered or created depicting an individual in a realistic but false representation.

Sex Offender Registration

An offense under SB 300 is classified as a Tier II registrable offense, meaning convicted individuals must register as sex offenders. This is a significant addition to the penalty structure, as it goes beyond incarceration to impose long-term registration requirements.

Pending AI Legislation (2026 Session)

New Hampshire's 2026 legislative session has introduced several additional AI bills, reflecting the state's continued focus on AI regulation.

SB 657: Deceptive AI Private Right of Action (Killed)

SB 657 would have prohibited any person from engaging in the deceptive use of artificial intelligence in commerce, employment, political advocacy, legal proceedings, or any transaction where reliance by another person is reasonably foreseeable.

As introduced, key provisions included a private right of action allowing injured persons to bring civil suits, no requirement for plaintiffs to prove actual reliance if the deceptive use was material and reasonably likely to mislead, an AI oversight position in the Department of Justice, and a study commission on AI's broader impacts. The Senate stripped the private-right-of-action and Department of Justice provisions, the House rewrote the bill around Information Technology Council guidance and annual reporting, and the Senate killed the revised bill on March 26, 2026. It did not become law.

HB 1124: Right to Compute Act (Interim Study)

HB 1124 would establish a "Right to Compute" in New Hampshire law, protecting individuals' rights to own and use computational resources for lawful purposes. The bill recognizes that constitutional rights to property ownership, free expression, and privacy extend to technological tools and computational resources.

The bill passed the House with an "Ought to Pass" motion adopted by voice vote in March 2026. It defines "compelling government interest" exceptions to include protecting citizens from fraud, addressing harm from deceptive deepfakes, monitoring critical infrastructure, and addressing nuisances from data center infrastructure. After a public hearing, the Senate placed the bill in interim study on May 14, 2026, meaning it will not be enacted during the 2026 session.

HB 1406: Health Insurance AI Restrictions (Killed)

HB 1406 would have prohibited health insurance carriers from using artificial intelligence to conduct audits or adjust provider codes in a way that alters or amends a provider's clinical judgment. The bill passed committee 14-0 with an "Ought to Pass with Amendment" recommendation, was engrossed in March 2026, and passed the House on March 11, 2026, but the Senate killed it on May 7, 2026. It did not become law.

HB 1725: Comprehensive AI Regulation (Killed)

HB 1725 would have established the Responsible Artificial Intelligence Governance law, creating comprehensive AI regulation including an AI Council, consumer protections, and a regulatory sandbox for testing AI systems. However, the committee voted 16-0 that the bill was "inexpedient to legislate," effectively killing it. New Hampshire continues to pursue targeted AI legislation rather than a comprehensive framework.

Federal AI Policy and New Hampshire

Federal AI policy has direct implications for New Hampshire's regulatory approach.

December 2025 Executive Order

President Trump's December 11, 2025 executive order, "Ensuring a National Policy Framework for Artificial Intelligence," seeks to challenge state AI laws and centralize federal oversight. The order directs the Attorney General to establish an AI Litigation Task Force to challenge states, directs Commerce to evaluate state AI laws, and threatens to withhold BEAD broadband funding from states with targeted AI regulations.

Impact on New Hampshire

New Hampshire's multiple enacted AI laws, particularly HB 1688's restrictions on state agency AI use and HB 1432's deepfake criminalization, could be targets under this executive order. However, the executive order cannot itself overturn existing state law. Only Congress or the courts can do that. Until legal challenges are resolved, all of New Hampshire's AI laws remain fully enforceable.

New Hampshire's laws are also grounded in areas of traditional state authority, including criminal law, consumer protection, and government operations, which strengthens their position against potential federal preemption challenges.

Summary of New Hampshire AI Laws

More New Hampshire Laws

• New Hampshire Recording Laws
• New Hampshire Data Privacy Laws
• New Hampshire Surveillance Camera Laws
• New Hampshire Background Check Laws
• New Hampshire Sexting Laws