Reference Title: corrections; release of INS detainees

AN ACT
AMENDING TITLE 13, CHAPTER 35, ARIZONA REVISED STATUTES, BY ADDING SECTION 13-3513; RELATING TO OBSCENITY.

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 35, Arizona Revised Statutes, is amended by adding section 13-3513, to read:

13-3513 . Sale or distribution of material harmful to minors through vending machines; classification

A. IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY DISPLAY, SELL OR OFFER TO SELL IN ANY COIN-OPERATED OR SLUG-OPERATED VENDING MACHINE OR MECHANICALLY OR ELECTRONICALLY CONTROLLED VENDING MACHINE THAT IS LOCATED IN A PUBLIC PLACE, OTHER THAN A PUBLIC PLACE FROM WHICH MINORS ARE EXCLUDED, ANY MATERIAL THAT IS HARMFUL TO MINORS AS DEFINED IN SECTION 13-3501.

B. IT IS A DEFENSE IN ANY PROSECUTION FOR A VIOLATION OF SUBSECTION A THAT THE DEFENDANT HAS TAKEN REASONABLE STEPS TO ASCERTAIN THAT THE PERSON IS EIGHTEEN YEARS OF AGE OR OLDER AND HAS TAKEN EITHER OF THE FOLLOWING MEASURES TO RESTRICT ACCESS TO THE MATERIAL THAT IS HARMFUL TO MINORS:

1. REQUIRED THE PERSON RECEIVING THE MATERIAL THAT IS HARMFUL TO MINORS TO USE AN AUTHORIZED ACCESS OR IDENTIFICATION CARD TO USE THE VENDING MACHINE AND HAS ESTABLISHED A PROCEDURE TO IMMEDIATELY CANCEL THE CARD OF ANY PERSON AFTER RECEIVING NOTICE THAT THE CARD HAS BEEN LOST, STOLEN OR USED BY PERSONS UNDER EIGHTEEN YEARS OF AGE OR THAT THE CARD IS NO LONGER DESIRED.

2. REQUIRED THE PERSON RECEIVING THE MATERIAL THAT IS HARMFUL TO MINORS TO USE A TOKEN IN ORDER TO USE THE VENDING MACHINE.

C. A PERSON WHO VIOLATES THIS SECTION IS GUILTY OF A CLASS 6 FELONY.