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ARIZONA STATE SENATE
Fifty-Seventh Legislature, First Regular Session
sexually explicit materials; government; prohibition
Purpose
Prohibits the state or a state agency, city, town or county or any political subdivision of the state (public entity), or their contractors, from exposing minors to sexually explicit materials. Prohibits the use of a facility or property owned, leased or managed by a public entity, or its contractors, for filming or facilitating sexually explicit acts.
Background
Statute
prohibits a public school in Arizona from referring students to or using any
sexually explicit material in any manner. Materials may be used only if: 1) the
exempted material possesses serious educational value for minors or possesses
serious literary, artistic, political or scientific value; 2) the public school
requires written parental consent before the public school refers a student to
or uses the exempted material; and 3) the public school provides an alternative
activity for students for whom parental consent is not secured. Sexually
explicit materials includes textual, visual or audio materials or materials
accessed via any other medium that depict: 1) sexual conduct, defined as
acts of masturbation, sexual intercourse or physical contact with a person's
clothed or unclothed genitals, pubic area or buttock or the female breast; 2) sexual
excitement, defined as the condition of human male or female genitals when
in a state of sexual stimulation or arousal; or
3) ultimate sexual acts, defined as sexual intercourse, vaginal or anal,
fellatio, cunnilingus, bestiality or sodomy (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 entity, or its contractors, from exposing minors to sexually explicit materials.
2. Prohibits a facility or property owned, leased or managed by a public entity, or its contractors, to be used for filming or facilitating sexually explicit acts.
3. Classifies a violation of the prohibition relating to sexually explicit materials and acts as a class 5 felony.
4. Defines sexually explicit materials, sexual conduct, sexual excitement and ultimate sexual acts.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 24, 2025
AN/slp