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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
unlawful exposure; minors; drag show
Purpose
Establishes the criminal classification of unlawful exposure to an adult oriented performance and classifies a violation as a class 4 felony.
Background
An adult oriented business may not be located within one-fourth of a mile of a childcare facility, a private or public charter school, a public playground, a public recreational facility, a residence or place of worship. An adult arcade, adult bookstore or video store, adult cabaret, adult motion picture theater, adult theater, escort agency or nude model studio may not remain open at any time between the hours of 1:00 a.m. and 8:00
a.m. on Monday through Saturday and between the hours of 1:00 a.m. and 12:00 noon on Sunday (A.R.S. § 13-1422).
It is unlawful for a person, with knowledge of the character of the item, to recklessly furnish, present, provide, make available or distribute to a minor any item that is harmful to minors. A violation is classified as a class 4 felony. 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 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 and 13-3506).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes that a person commits unlawful exposure to an adult oriented performance by intentionally doing any of the following in or on a public property:
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.
2. Classifies unlawful exposure to an adult oriented performance as a class 4 felony.
3. Defines adult oriented performance as an in-person show or performance that:
a) taken as a whole, appeals to a prurient interest in sex; and
b) depicts or stimulates specific sexual activities or the lewd exposure of specific anatomical areas.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that a person commits unlawful exposure to an adult oriented performance if the prohibited conduct takes place in or on a public property.
2. Makes technical and conforming changes.
House Action Senate Action
JUD 2/4/26 DP 6-3-0-0 JUDE 3/25/26 DPA 4-3-0
3rd Read 2/25/26 31-2-7
Prepared by Senate Research
March 31, 2026
ZD/MY/ci