The Harder Problem Action Fund is an advocacy organization fighting harmful AI consciousness legislation. We track pending bills, score legislation, lobby for evidence-based policy, and mobilize public action before ignorance becomes law.
HB 720
Threat
🏛️ Idaho
AI Personhood Prohibition Act
Prohibits artificial intelligence, nonhuman animals, environmental elements, and inanimate objects from being granted personhood status in Idaho.
⚠️ High Threat
📢 Our Position
The Harder Problem Action Fund strongly opposes Idaho HB 720. This law represents exactly the kind of premature foreclosure of possibilities that we were founded to prevent. By permanently prohibiting AI personhood without any mechanism for review or reconsideration, Idaho has chosen to answer a profound question before we have sufficient evidence to do so responsibly. We do not claim that current AI systems are conscious or deserve personhood. We do insist that the question should remain open to evidence and argument, not closed by legislative fiat. This law sets a dangerous precedent for other states and demonstrates the risk of allowing ideological commitments to override scientific humility. We call for the repeal of this statute and its replacement with legislation that preserves flexibility for future generations to make informed decisions based on the best available evidence.
📋 What This Bill Does
- Creates Idaho Code Section 5-346 stating that artificial intelligence, nonhuman animals, environmental elements, and inanimate objects shall not be granted personhood in Idaho
- Explicitly carves out existing legal persons such as municipalities, organizations, corporations, and other business entities recognized prior to July 1, 2022
- Establishes a permanent statutory barrier to future recognition of AI personhood at the state level
⚠️ Why This Is Dangerous
Explicit Personhood Foreclosure
This law directly prohibits any future recognition of AI personhood in Idaho, regardless of technological developments or evolving understanding of consciousness. The statute uses categorical language that forecloses judicial or legislative flexibility to adapt to new evidence about AI capabilities or sentience.
Permanent Statutory Barrier
The law contains no sunset provision, no review mechanism, and no criteria for reconsideration. It treats the question of AI personhood as permanently settled rather than as an evolving scientific and philosophical question that may require reassessment as technology advances.
Template Legislation Risk
Idaho was the first state to enact such a prohibition in 2022, and Utah followed with similar legislation in 2024. This establishes a dangerous precedent for copy-and-paste legislation across conservative states that could create a patchwork of permanent bans without serious deliberation on the underlying questions.
Preemptive Strike Against Future Recognition
The law was passed proactively, not in response to any actual attempt to grant AI personhood in Idaho. This preemptive approach suggests ideological motivation rather than response to concrete policy problems, and it forecloses democratic debate before the issue has fully matured.
📝 Key Language
"Notwithstanding any other provisions of law, environmental elements, artificial intelligence, nonhuman animals, and inanimate objects shall not be granted personhood in the state of Idaho."
🏛️ Political Context
Idaho HB 720 was introduced in the 2022 legislative session and passed with strong support in the Republican-controlled legislature. The bill was framed as protecting human rights from being diluted by extending personhood to non-human entities. It was motivated in part by concerns about animal rights litigation, particularly cases where organizations like the Nonhuman Rights Project have sought legal personhood for animals. The AI prohibition appears to have been included as part of a broader conservative effort to establish clear boundaries around personhood. The bill passed and was signed into law by Governor Brad Little, taking effect July 1, 2022. Utah subsequently passed similar legislation in 2024, suggesting coordination or template-sharing among conservative state legislatures. Academic analysis has criticized both laws as short-sighted and lacking the deliberative process appropriate for such significant legal determinations.
⚖️ Legal Implications
Idaho Code Section 5-346 now creates a permanent statutory prohibition on AI personhood that can only be changed through new legislation. This establishes Idaho as a jurisdiction that has legally foreclosed the possibility of recognizing AI consciousness or sentience for legal purposes. The law does not affect corporate personhood or other existing legal fictions, but it specifically targets future possibilities. The statute's broad language could potentially be interpreted to prohibit not just full personhood but also intermediate legal statuses that might recognize certain AI capabilities or interests. As the first state to enact such a prohibition, Idaho has created a precedent that other states may follow, potentially leading to a fragmented legal landscape where AI systems have different legal status depending on jurisdiction. This could complicate interstate commerce and create forum-shopping opportunities. The law also raises questions about whether states can permanently bind future legislatures on questions that may require scientific and philosophical reassessment as technology evolves.
📄 Official Source
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