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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
schools; libraries; explicit materials; classification
Purpose
Prohibits a public library employee or independent contractor from referring an unemancipated minor to any sexually explicit materials in any manner. Classifies a violation of the prohibition on any public school or public library employee or contractor referring a student or unemancipated minor to any sexually explicit materials in any manner as a class 5 felony.
Background
A city or town may annually levy a property tax as prescribed to establish and maintain free public libraries and reading rooms. A county board of supervisors may establish a special taxing district or use county general fund monies to establish and maintain a county free library district or system. The Arizona State Library is established within the Secretary of State's office to acquire and provide access to materials relating to outlined topics, including law, political science, sociology and Arizona history (A.R.S. §§ 9-411; 11-901; and 41-151.01).
A public school in Arizona may not refer students to or use any sexually explicit materials in any manner, except if: 1) the material possesses serious educational value for minors or serious literary, artistic, political or scientific value; 2) the public school requires written parental consent, on a per-material basis, before referring a student to or using the material; and 3) the public school provides students who did not receive parental consent with an alternative assignment that does not contain sexually explicit material.
Sexually explicit materials include textual, visual or audio materials or materials accessed via any other medium that depict sexual conduct, sexual excitement or ultimate sexual acts. Sexual conduct means acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if the person is a female, breasts. Sexual excitement means the condition of male or female genitals when in a state of sexual stimulation or arousal. Ultimate sexual acts means sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of consummation of ultimate sexual acts (A.R.S. § 15-120.03).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a public library employee or independent contractor from referring an unemancipated minor to, or facilitating access to, sexually explicit materials in any manner.
2. Classifies, as a class 5 felony, a violation of the prohibition on:
a) any public school employee or independent contractor who, with criminal negligence, refers a student to, or uses, sexually explicit materials in any manner, except as specified; and
b) any public library employee or independent contractor who, with criminal negligence, refers an unemancipated minor to, or facilities access to, sexually explicit materials in any manner.
3. Removes, from the definition of ultimate sexual acts, the specification that a sexual act is simulated when it depicts explicit sexual activity that gives the appearance of consummation of ultimate sexual acts.
4. Applies the definitions of sexually explicit materials, sexual conduct, sexual excitement and ultimate sexual acts to the prohibition on a public library employee or contractor referring an unemancipated minor to, or facilitating access to, sexually explicit materials.
5. Defines public library as any library that is open to members of the public and that is supported, in whole or in part, by public monies, including free public libraries of a city or town, a county free library and the Arizona State Library.
6. Makes conforming changes.
7. Becomes effective on the general effective date.
Prepared by Senate Research
January 27, 2025
MH/ci