Child
An individual under 18 years of age residing in California, expanding federal definitions.
How the laws define this
Both regulatory frameworks establish a shared baseline by including individuals under 13 years of age within the scope of a child. The major divergence concerns the maximum age cutoff and residency. The California Age-Appropriate Design Code Act defines a child as an individual under 18 years of age residing in California, expanding upon federal laws like COPPA, which typically cover individuals under 13. Conversely, the New Jersey Age-Appropriate Design Code defines a child strictly as an individual under 13 years of age, noting that different, often stricter, protections may apply to this age group compared to minors. Anyone assessing compliance must account for whether rules apply broadly to residents under 18 or strictly target those under 13.
Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.
How jurisdictions differ
What is distinctive in each definition, binding law in force first.
| Jurisdiction | Instrument | Status | What is distinctive |
|---|---|---|---|
| California, United States | The California Age-Appropriate Design Code Act | In Force | Expands child protections to all under 18 residing in California, significantly widening beyond federal laws like COPPA that cover only under 13. |
| New Jersey, United States | New Jersey Age-Appropriate Design Code | Awaiting Entry | Limits child to individuals under 13 years of age, narrower than the under-18 scope in other definitions, with stricter protections possibly applying. |
| California, United States | California SB 1119 — Companion Chatbots: Children's Safety | Awaiting Entry | Specifies child as any natural person under 18, mirroring the broad age scope of definition 1 but tying it explicitly to chatbot safety duties. |
What it triggers
- In California, under the California Age-Appropriate Design Code Act, online services accessed by children must implement privacy by design.source
- Under the New Jersey Age-Appropriate Design Code, online services must implement age-appropriate design, privacy by default, and data minimization to protect children.source
- Under California SB 1119, companion chatbot operators must impose child-safety, privacy, and audit duties when serving children.source
Definitions (3)
An individual under 18 years of age residing in California. This definition significantly expands upon federal laws like COPPA, which typically cover individuals under 13.
The Act defines a child as an individual under 13 years of age. Different, often stricter, protections may apply to this age group compared to minors.
The chapter defines a child as any natural person who is under 18 years old. This definition determines when the statute’s child-safety duties, disclosures, defaults, and enforcement rights apply.
Questions and answers
How does California's child definition differ from federal COPPA?
California's definition covers individuals under 18 residing in the state, significantly expanding beyond COPPA's typical under-13 limit. This broader scope triggers privacy-by-design mandates for online services.
What age is a child under New Jersey's Kids Code?
New Jersey defines a child as under 13, narrower than California's under-18 threshold. Stricter protections may apply to this younger group via age-appropriate design requirements.
Does SB 1119 use the same child age as the Age-Appropriate Design Code?
Yes, both California instruments define child as under 18, with SB 1119 applying it to natural persons for companion chatbot safety duties.