Washington AI Law
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This page summarizes selected Washington statutes concerning AI and synthetic media, distinguishes enacted laws by their effective dates, and preserves a historical legislative tracker. The summaries are not a complete inventory of Washington law applicable to AI systems.
Enacted laws
Effective in 2027
AI content provenance and government chatbot disclosure — E2SHB 1170
E2SHB 1170 was signed on March 24, 2026, as Chapter 167, Laws of 2026. It takes effect February 1, 2027.[1]
Covered providers produce generative AI systems with more than one million monthly users that are publicly available in Washington for personal use; governments are excluded. Subject to commercial and technical reasonableness, providers must embed provenance information in generated or materially altered images, audio and video and protect it against removal or tampering. Minor edits are excluded from material alteration. Exceptions cover business-to-business uses, exclusively video-game or interactive experiences, and systems used solely for upscaling, noise reduction or compression. Enforcement under this chapter's Consumer Protection Act provision is reserved to the Attorney General.[1]
Separately, government agencies must disclose consumer interactions with AI before or when interaction begins. The notice must be conspicuous, use plain language and avoid dark patterns; a link to another page may provide it. This obligation applies even when the system's artificial nature would be obvious.[1]
AI companion chatbots — ESHB 2225
ESHB 2225 was signed on March 24, 2026, as Chapter 168, Laws of 2026. It takes effect January 1, 2027.[2]
Operators must disclose that a companion chatbot is artificial at the outset and at least every three hours of continued interaction, and reasonably prevent claims of being human. For known minors or systems directed to minors, reminders are required at least hourly, alongside reasonable measures against sexual content, suggestive dialogue and specified emotional-manipulation techniques. Operators must implement self-harm detection and response protocols, offer crisis referrals, take reasonable measures against encouragement or instructions for self-harm, and publish protocol details and annual referral counts. Violations fall under the Consumer Protection Act.[2]
Exclusions have distinct conditions: business tools and voice-assistant devices have relationship and emotional-response limits; game bots must remain within game-related topics and exclude mental-health, self-harm and sexual discussions; narrowly tailored educational tools must serve curriculum objectives without open-ended companionship. Section 2 supplies the full definitions.[2]
In effect
Fabricated sexually explicit depictions of minors — 2ESSB 5105
2ESSB 5105 was signed on March 25, 2026, as Chapter 223, Laws of 2026, and took effect June 11, 2026.[3]
The law expands Washington criminal provisions concerning fabricated depictions of minors engaged in sexually explicit conduct. Among other changes, it extends the definition of a fabricated depiction to specified obscene material, changes defenses involving whether a depicted minor exists or is identifiable, increases the limitations period for specified depiction offenses from three years to ten years, and expands the offense of sexual exploitation of a minor to specified conduct involving an unconscious or unaware minor.[4]
Forged digital likenesses and personality rights — SSB 5886
SSB 5886 was signed on March 16, 2026, as Chapter 69, Laws of 2026, and took effect June 11, 2026.[5]
The law extends Washington's personality-rights statutes to a person's forged digital likeness. It defines that term to cover specified persistent or real-time visual representations and audio recordings of an identifiable person that may be indistinguishable from genuine material, misrepresent the person's appearance, speech, or conduct, and are likely to deceive a reasonable person. Unauthorized covered uses may support injunctive relief, a $3,000 civil penalty, actual damages, attributable profits not already counted in actual damages, and—in forged-digital-likeness cases—noneconomic damages whether or not the infringement produced a profit.[5][6]
Government facial-recognition systems
Chapter 43.386 RCW regulates state and local government use of facial-recognition services. It addresses public notice and accountability reports, meaningful human review, testing and mitigation of performance differences, training, disclosure to criminal defendants, record retention, surveillance uses, and statutory exemptions. Most provisions took effect July 1, 2021.[7]
Synthetic media in electioneering communications
Chapter 29B.35 RCW permits a candidate whose appearance, action, or speech is altered through synthetic media in an electioneering communication to seek injunctive or other equitable relief and, in specified circumstances, damages against the sponsor. The chapter provides a disclosure-based affirmative defense and rules concerning the liability of media that disseminate such communications.[8]
Historical tracker
May 1, 2026 tracker snapshot
The following entries preserve the historical NCSL snapshot used by the former state directory. Status labels such as “enacted” and “failed” describe that snapshot rather than a current-status assessment. This tracker is not a complete inventory of enacted Washington law.
NCSL's May 1, 2026 snapshot listed 19 AI-related measures for Washington.[9]
Enacted measures recorded in the snapshot
- WA H 1170 — AI content provenance and disclosures; enacted. Topics: Notification, Private Sector Use, Responsible Use.
- WA H 2225 — AI companion chatbot regulation; enacted. Topics: Health Use, Notification, Private Sector Use.
- WA S 5105 — Fabricated sexually explicit depictions of minors; enacted. Topics: Child Pornography, Criminal Use, Deepfake.
- WA S 5886 — Forged digital likenesses and personality rights; enacted. Topics: Deepfake.
Other measures recorded in the snapshot
- WA H 1168 — Transparency in artificial intelligence; failed. Topics: Government Use, Notification, Oversight/Governance, Private Sector Use, Responsible Use.
- WA H 1622 — Bargaining over matters related to AI use; failed. Topics: Government Use, Effect on Labor/Employment.
- WA H 1833 — Artificial intelligence grant program; failed. Topics: Appropriations, Health Use, Effect on Labor/Employment, Oversight/Governance.
- WA H 2157 — High-risk AI systems; failed. Topics: Health Use, Impact Assessment, Private Sector Use, Private Right of Action.
- WA H 2503 — AI training data; failed. Topics: Deepfake, Provenance.
- WA H 2667 — Consumer protections for AI systems; failed. Topics: Government Use, Health Use, Impact Assessment, Private Sector Use, Responsible Use, Studies.
- WA S 5469 — Algorithmic rent fixing and rental-housing noncompete agreements; failed. Topics: Housing, Private Sector Use.
- WA S 5637 — Media literacy and civic education; failed. Topics: Deepfake.
- WA S 5870 — Civil liability for suicide linked to AI systems; failed. Topics: Health Use, Notification, Oversight/Governance, Private Sector Use, Private Right of Action.
- WA S 5956 — AI, student discipline, and surveillance in public schools; failed. Topics: Education Use.
- WA S 5984 — AI companion chatbot regulation; failed. Topics: Health Use, Notification, Private Sector Use.
- WA S 6120 — High-risk AI systems; failed. Topics: Health Use, Impact Assessment, Private Sector Use, Private Right of Action, Responsible Use.
- WA S 6254 — AI-assisted streamlining of rules and regulatory guidance; failed. Topics: Government Use.
- WA S 6284 — Consumer protections for AI systems; failed. Topics: Government Use, Health Use, Impact Assessment, Notification, Private Sector Use, Responsible Use, Studies.
- WA S 6299 — AI and instructional staff; failed. Topics: Education Use.
2026 coverage
References
- ↑ 1.0 1.1 1.2 Washington State Legislature, E2SHB 1170, Chapter 167, Laws of 2026, §§1–9 and certification.
- ↑ 2.0 2.1 2.2 Washington State Legislature, ESHB 2225, Chapter 168, Laws of 2026, §§2–9 and certification.
- ↑ Washington State Legislature, 2ESSB 5105, Chapter 223, Laws of 2026, certification and enacted text.
- ↑ Washington State Legislature, Final Bill Report, 2ESSB 5105, C 223 L 26.
- ↑ 5.0 5.1 Washington State Legislature, SSB 5886, Chapter 69, Laws of 2026, certification and §§1–4.
- ↑ Washington State Legislature, RCW 63.60.060, remedies for infringement.
- ↑ Washington State Legislature, Chapter 43.386 RCW — Facial Recognition (accessed September 12, 2026).
- ↑ Washington State Legislature, Chapter 29B.35 RCW — Electioneering Communications—Use of Synthetic Media (accessed September 12, 2026).
- ↑ National Conference of State Legislatures, Artificial Intelligence Legislation Database (historical snapshot updated May 1, 2026; retained from the prior directory).