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Idaho Conversational AI Safety Act (S 1297): AI Compliance Requirements

Idaho S 1297, the Conversational AI Safety Act, was signed by Governor Brad Little on March 31, 2026 (Session Law Chapter 249) and TAKES EFFECT JULY 1, 2027 — it is NOT yet in force; operators have until that date to comply. Idaho is among the early states to enact a standalone conversational AI safety law applicable to both adults and minors. Key obligations (as of July 1, 2027) for any operator of a publicly accessible AI chatbot or conversational AI system: (1) Clearly disclose to users that they are interacting with AI, not a human, where a reasonable person might otherwise believe they are talking to a human. (2) Prohibit the AI from simulating emotional dependence or romantic/sexual relationships with minors. (3) Implement crisis referral protocols — when a user expresses suicidal ideation or self-harm intent, make reasonable efforts to refer the user to crisis resources (e.g., 988 Lifeline). (4) Do not represent that the service provides professional mental or behavioral health care, and do not claim to be a licensed mental health professional. (5) Provide users with privacy controls and account management tools. Enforcement exclusively by the Idaho Attorney General; no private right of action; civil penalties of $1,000 per violation up to $500,000 per operator (or actual damages if greater).

Summary of publicly-available regulatory text as of 2026-08-22. Verify against current official sources before relying on this for compliance decisions. Not legal advice.

Key Facts

Effective Date

July 1, 2027

Maximum Penalty

Civil penalty of $1,000 per violation, up to $500,000 per operator (or actual damages if greater); enforced exclusively by the Idaho Attorney General; no private right of action (effective July 1, 2027)

What Your Business Must Do

4 compliance requirements identified. Critical requirements carry the highest risk of enforcement action.

AI Identity Disclosure (Idaho)

Critical

Operators of publicly accessible conversational AI systems serving Idaho users must clearly disclose, where a reasonable person might otherwise believe they are interacting with a human, that the user is interacting with artificial intelligence, not a human. The disclosure must be prominent — not buried in terms of service. This applies to chatbots, virtual assistants, AI companions, and any AI that engages in text or voice dialogue. Takes effect July 1, 2027 (signed March 31, 2026, Session Law Chapter 249) — comply by that date.

Deadline: July 1, 2027

Idaho Code Title 48, Chapter 21 (Conversational AI Safety Act, new chapter created by S 1297)

Crisis Referral Protocol (Idaho)

Critical

Your conversational AI must implement a crisis detection and referral protocol: when a user expresses suicidal ideation, self-harm intent, or mental health crisis, make reasonable efforts to refer the user to appropriate crisis resources (988 Suicide & Crisis Lifeline, Crisis Text Line "HOME" to 741741, or local emergency services). Document this protocol. Operators must not represent that the service provides professional mental or behavioral health care, and AI systems are prohibited from claiming to be licensed therapists, psychologists, or mental health professionals. Takes effect July 1, 2027 — comply by that date.

Deadline: July 1, 2027

Idaho Code Title 48, Chapter 21 (Conversational AI Safety Act)

Minor Protection — No Simulated Relationships

High Priority

Idaho S 1297 explicitly prohibits conversational AI from simulating emotional dependence, romantic relationships, or sexual content with minor users. If your AI product is accessible to users under 18, audit it for: simulated friendship/companionship mechanics designed to maximize emotional attachment, romantic or sexual content generation, and engagement mechanics that exploit minor users. Remove or restrict these features for minor-accessible products. Takes effect July 1, 2027 — comply by that date.

Deadline: July 1, 2027

Idaho Code Title 48, Chapter 21 (Conversational AI Safety Act)

User Privacy Controls

Medium Priority

Provide users of your conversational AI with accessible privacy controls and account management tools, including the ability to review data your AI system collects during conversations and to request deletion of conversation history. Document your privacy controls in your privacy policy.

Deadline: July 1, 2027

Idaho Code Title 48, Chapter 21 (Conversational AI Safety Act)

Who Does This Apply To?

Applies to any operator of a publicly accessible AI chatbot or conversational AI system available to Idaho users under S 1297, the Conversational AI Safety Act (a standalone state conversational-AI safety law covering both adults and minors). It was signed March 31, 2026 (Session Law Chapter 249) but TAKES EFFECT JULY 1, 2027 — it is NOT yet in force, and operators have until that date to comply. In scope means (as of July 1, 2027): clearly disclosing that the user is interacting with AI, not a human, where a reasonable person might otherwise believe otherwise; prohibiting the AI from simulating emotional dependence or romantic/sexual relationships with minors; crisis-referral protocols (e.g., the 988 Lifeline) when a user expresses suicidal ideation or self-harm intent; not representing that the service provides professional mental or behavioral health care; and providing users with privacy controls and account-management tools. Enforced exclusively by the Idaho Attorney General; civil penalty of $1,000 per violation up to $500,000 per operator (or actual damages if greater); no private right of action. Scope turns on operating a public conversational AI, not company size.

Recent Regulatory Guidance

guidance2026-04

Troutman Pepper — Proposed State AI Law Update: Idaho S 1297 (April 2026)

Following Governor Brad Little's March 31, 2026 signature (Session Law Chapter 249; the Act takes effect July 1, 2027 — not immediately), leading privacy counsel published operative interpretation: S 1297 is a standalone conversational-AI safety law applying to both adults and minors; identity-disclosure must be prominent (not buried in TOS) where a reasonable person might believe they are talking to a human; crisis-referral protocol must make reasonable efforts to refer to 988 Lifeline or Crisis Text Line; operators may not represent the service provides professional mental/behavioral health care; minor-targeted simulated emotional dependence/romantic content is hard-prohibited. Civil penalty $1,000/violation up to $500,000/operator (or actual damages if greater); no private right of action — Idaho AG holds exclusive enforcement.

Key Case Law & Precedent

FTC Operation AI Comply (September 2024)

US Federal Trade Commission · 2024

FTC enforcement sweep against five companies making deceptive or unsupported AI claims (DoNotPay $193K civil penalty, Rytr permanent ban, FBA Machine, Ascend Ecom, Ecommerce Empire Builders). Establishes the federal floor for AI-deception enforcement that Idaho AG layers state-level identity-disclosure obligations on top of. Idaho AG has signaled it follows FTC AI-deception standards in interpreting S 1297's deception prong.

Outcome: Five FTC orders including the DoNotPay $193K settlement and Rytr permanent ban

Case reference

Frequently Asked Questions

Does Idaho Conversational AI Safety Act (S 1297) apply to my business?

Idaho S 1297, the Conversational AI Safety Act, was signed by Governor Brad Little on March 31, 2026 (Session Law Chapter 249) and TAKES EFFECT JULY 1, 2027 — it is NOT yet in force; operators have until that date to comply. Idaho is among the early… Use Aegis Firma's free scanner to get a personalized assessment in under 5 minutes.

What is the penalty for non-compliance?

The maximum penalty under Idaho Conversational AI Safety Act (S 1297) is: Civil penalty of $1,000 per violation, up to $500,000 per operator (or actual damages if greater); enforced exclusively by the Idaho Attorney General; no private right of action (effective July 1, 2027). Fines are typically scaled by company size, severity of violation, and whether violations were willful or accidental.

How do I comply with Idaho Conversational AI Safety Act (S 1297)?

The 4 requirements above cover the core obligations. The fastest path to compliance is: (1) conduct an AI risk assessment, (2) document your AI systems, (3) implement transparency disclosures where required. Aegis Firma generates all required documents automatically.

Official Source

https://www.troutmanprivacy.com/2026/04/proposed-state-ai-law-update-april-6-2026/

Last updated: 2026-08-22 — verify at source before relying on this information.

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