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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
interactive computer service; prostitution; violation
Purpose
Establishes the unlawful use of interactive computer service for the purpose of facilitating, promoting or soliciting prostitution involving a minor as a class 2, 4 or 5 felony that may be punishable as a dangerous crime against children (DCAC) and details various violations of the offense.
Background
Unless a specific sentence is otherwise provided, the term of
imprisonment for a felony offense in the first degree is a presumptive sentence
of: 1) five years for a class 2 felony; 2) two and a half years for a class 4
felony; and 3) one and a half years for a class 5 felony (A.R.S.
§ 13-702). DCACs include various serious crimes and sexual offenses
committed against a minor who is under 15 years old, including: 1) second
degree murder; 2) aggravated assault; 3) sexual assault; 4) sexual conduct with
a minor; 5) sexual abuse; 6) sex trafficking; and 7) luring and aggravated
luring of a minor for sexual exploitation (A.R.S.
§ 13-705).
A commercial entity that knowingly and intentionally publishes or
distributes material on an internet website of which more than one-third is
sexual material that is harmful to minors must use reasonable age verification
methods to verify that an individual who attempts to access the material is at
least 18 years old. A commercial entity that knowingly and intentionally
publishes or distributes such material or a third-party entity that performs
age verification must require an individual to: 1) provide a form of digital
identification; or 2) comply with a commercial age verification system using
either government-issued information or a commercially reasonable method that
relies on transactional data. Either method used must not cause or allow the
individual's identifying information to be transmitted to any federal, state or
local government entity. Sexual material that is harmful to minors is
any material that: 1) the average person applying contemporary community
standards would find, taking the material as a whole with respect to minors, is
designed to appeal to or pander to the prurient interest; 2) in a manner
patently offensive with respect to minors, exploits, is devoted to, or
principally consists of descriptions of actual, simulated or animated displays
or depictions of outlined acts or parts of the body; and
3) taken as a whole, lacks serious literacy, artistic, political or scientific
value for minors (A.R.S.
§ 18-701).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Determines that a person or agent of an enterprise who knowingly controls, keeps, maintains, manages, operates or owns an interactive computer service or information content provider in Arizona for the purpose of facilitating, promoting or soliciting prostitution, pandering or child sex trafficking involving a minor is classified as:
a) a class 5 felony, if the minor is 15, 16 or 17 years old; and
b) a class 2 felony and is punishable as a DCAC, if the person or agent has direct knowledge of the occurrence of child sex trafficking involving a minor who is under 15 years old.
2. Classifies, as a class 4 felony, a person or agent of an enterprise who knowingly commits the unlawful use of interactive computer service for purpose of facilitating, promoting or soliciting prostitution involving a minor and exposes sexual material that is harmful to minors without using reasonable age verification methods to verify that an individual who attempts to access the material is at least 18 years old.
3. Deems a person or agent of an enterprise receiving, agreeing to receive or soliciting any benefit, including service fees, as a violation of the offense.
4. Requires a person who is at least 18 years old, or who has been tried as an adult, and has been convicted of a DCAC in the first degree involving the unlawful use of interactive computer service for the purpose of facilitating, promoting or soliciting prostitution to be sentenced to imprisonment for a minimum of 13 years, a presumptive term of 20 years and a maximum term of 27 years.
5. Deems, as a defense to the prosecution of a violation, a law enforcement officer acting in the officer's official capacity within the scope of the officer's authority in the line of duty.
6. Specifies that it is not a defense to the prosecution of a violation that a person or agent of an enterprise does not know that the minor is under 15 years old.
7. Modifies the definition of DCAC to include the unlawful use of interactive computer service for purpose of facilitating, promoting or soliciting prostitution if the acting person or agent has direct knowledge of the occurrence of child sex trafficking involving a minor who is under 15 years old.
8. Defines information content provider as a person or entity that is responsible, in whole or in part, for creating or developing information that is provided through the Internet or any other interactive computer service.
9. Defines interactive computer service as an information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the Internet and systems or services that are operated or offered by libraries or educational institutions.
10. Defines agent as an officer, director or employee of an enterprise or any other person who is authorized to act on behalf of the enterprise.
11. Defines terms.
12. Becomes effective on the general effective date.
Prepared by Senate Research
January 15, 2026
KJA/SDR/hk