ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

House: JUD DP 6-3-0-0

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note

HB 2589: unlawful exposure; minors; drag show

Sponsor: Representative Way, LD 15

House Engrossed

Overview

Establishes the offense of unlawful exposure to an adult oriented performance by prohibiting specified conduct that results in a minor viewing or being present for an adult oriented performance, classifying the offense as a class 4 felony.

History

A.R.S. Title 13, Chapter 35 governs obscenity and includes various restrictions related to minors’ exposure to sexually explicit material. Current law prohibits, with knowledge of the character of the item involved, furnishing or showing to minors any item that is harmful to minors, and makes a violation of the statute a class 4 felony (A.R.S. § 13-3506).

Harmful to minors is defined as any description or representation, including performances, of nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse that, taken as a whole: 1) under the perspective of the average adult applying contemporary Arizona standards for what is suitable for minors, both appeals to the prurient interest and portrays the subject matter in a patently offensive way; and 2) does not have serious literary, artistic, political or scientific value for minors (A.R.S. § 13-3501).

Provisions

1.   Provides that a person commits unlawful exposure to an adult oriented performance by intentionally doing any of the following:

a.   allowing a minor under the person’s custody or control to view an adult oriented performance;

b.   allowing a minor to enter or remain in a building or part of a building where an adult oriented performance is occurring; or

c. performing or allowing another person under the person’s custody or control to perform an adult oriented performance in view of a minor. (Sec. 1)

2.   Makes this offence a class 4 felony. (Sec. 1)

3.   Defines an adult oriented performance. (Sec. 1)

 

 

 

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Initials NM                HB 2589

2/24/2026        Page 0 House Engrossed

 

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