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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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
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 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 and 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, from being used for filming or facilitating sexually explicit acts.
3. Classifies, as a class 5 felony, a violation of the outlined prohibition relating to sexually explicit materials and acts.
4. Specifies that the outlined prohibition relating to sexually explicit materials and acts does not apply to sexually explicit materials that may be displayed, presented or discussed in connection with a court proceeding when a minor has a legal right or obligation to be present at the proceeding.
5. Applies the definitions of sexually explicit materials, sexual conduct, sexual excitement and ultimate sexual acts to the outlined prohibition relating to sexually explicit materials and acts.
6. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Requires a public entity and its contractors to sign an acknowledgment of the law.
Amendments Adopted by Committee of the Whole
· Exempts, from the outlined prohibition relating to sexually explicit materials and acts, sexually explicit materials that may be presented in a court proceeding when a minor has a right or obligation to be present.
Senate Action
GOV 2/11/26 DPA 4-3-0
Prepared by Senate Research
February 24, 2026
AN/ci