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REFERENCE TITLE: pornography; distribution; requirements; attorney general |
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State of Arizona House of Representatives Fifty-seventh Legislature Second Regular Session 2026
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HB 2900 |
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Introduced by Representative Powell
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AN ACT
amending title 44, chapter 9, arizona revised statutes, by adding article 27; relating to trade practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 44, chapter 9, Arizona Revised Statutes, is amended by adding article 27, to read:
ARTICLE 27. PORNOGRAPHY
44-1383. Commercial entity; pornography distribution and sale prohibition; definitions
A. A commercial entity may not knowingly and intentionally produce, publish, sell or offer for sale pornography or commercially distribute pornography in this state.
B. For the purposes of subsection A of this section, a commercial entity acts in this state if the commercial entity does any of the following:
1. Produces pornography in this state.
2. Sells, offers for sale or commercially distributes pornography in this state.
3. Publishes or commercially distributes pornography through an internet website or digital service that is accessible in this state and is intended to reach or is directed to individuals in this state.
C. This section does not:
1. Impose civil liability on an individual solely for the private possession, private viewing or private receipt of pornography.
2. Apply to a bona fide news or public interest website, video, report or event.
3. Affect the rights of a news gathering organization.
D. An internet service provider or the internet service provider's affiliates or subsidiaries or a search engine or a cloud service provider is not in violation of this section for providing access or connection to or from a website or other information or content on the internet that is not within the internet service provider's or the affiliate or subsidiary of the internet service provider or a search engine or a cloud service provider's control.
E. If the attorney general believes that a commercial entity knowingly violated this SECTION and an action is in the public interest, the attorney general may bring an action in superior court in the county in which the commercial entity's principal place of business is located to enjoin the violation and to recover a civil penalty and obtain other relief the court considers appropriate.
F. If the attorney general does not file a claim against a commercial entity that knowingly violated this section, a private person may bring an action in the name of this state. The action may be dismissed only by order of the court and with written consent of the attorney general. On the same day that the complaint is filed, the plaintiff shall serve on the attorney general by certified mail, return receipt requested, a copy of the complaint and a written disclosure of substantially all material evidence and information that the plaintiff possesses. The attorney general may intervene and proceed with the action WITHIN one hundred twenty days after the attorney general receives the complaint, material evidence and information. Before the expiration of the one hundred twenty-day period, the attorney general shall either proceed with the action or notify the court that the attorney general declines to take over the action, in which case the person bringing the action may conduct the action. After a person brings an action under this subsection, no other person may bring a related action that is based on the facts underlying the pending action.
G. The court may impose a civil penalty for a violation of this section in an amount equal to not more than the total of either of the following:
1. $10,000 per day that the commercial entity produces, publishes, sells, offers for sale or commercially distributes pornography in violation of this section.
2. $10,000 per instance in which the commercial entity sells, offers for sale or commercially distributes pornography in violation of this section.
H. The court shall determine the amount of a civil penalty that is imposed pursuant to this SECTION based on all of the following factors:
1. The seriousness of the violation, including the nature, circumstances and extent of the violation.
2. The history of previous violations.
3. The amount necessary to deter a future violation.
4. The economic impact on the entity.
5. The commercial entity's knowledge that the act constituted a violation of this section.
6. Any other matter that justice may require.
I. The attorney general or private plaintiff may recover reasonable and necessary attorney fees and costs that are incurred in an action under this section.
J. In an action that is brought or maintained pursuant to this section, all personally identifiable information of individuals who accessed or attempted to access the material, including the individual's name, shall be redacted before the information is produced.
K. For the purposes of this section:
1. "Commercial entity" includes a corporation, limited liability company, partnership, limited partnership, sole proprietorship or other legally recognized BUSINESS entity.
2. "Commercially distribute" means to issue, sell, give, provide, deliver, transfer, transmute, circulate, disseminate, stream or transmit by any means for money or other thing of value, directly or indirectly.
3. "News gathering organization" includes An employee who was acting within the course and scope of employment and can provide documentation of employment at any of the following employers:
(a) A newspaper.
(b) A news publication of any kind.
(c) A news source for printed or online publications.
(d) A mobile news platform or current news of a public interest.
(e) A radio broadcast station.
(f) a television broadcast station.
(g) a cable television operator or wire service.
5. "pornography" means any picture, image, graphic image file, film, videotape or other visual depiction that:
(a) Taken as a whole:
(i) Appeals to the prurient interest in nudity, sex or excretion.
(ii) Lacks serious literary, artistic, political or scientific value.
(b) Depicts, describes or represents an actual or simulated sexual act or sexual contact that includes Perverted sexual acts or lewd exhibition of genitals with the objective intent to arouse, titillate or gratify the sexual desires of an individual.
6. "Produce" means to create, film, record, manufacture, compose, compile or generate an item for commercial distribution.
7. "publish" means to communicate or make information available to an individual or entity that includes a publicly available internet website or digital service.