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REFERENCE TITLE: juveniles; communication devices; sexual material |
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State of Arizona Senate Forty-ninth Legislature Second Regular Session 2010
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SB 1266 |
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Introduced by Senator Paton
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AN ACT
amending title 8, chapter 3, article 1, Arizona Revised Statutes, by adding section 8-309; relating to juvenile offenders.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 8, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 8-309, to read:
8-309. Unlawful transmission or possession of explicit sexual material by a minor; classification; definitions
A. It is unlawful for a juvenile to intentionally or knowingly use an electronic communication device to transmit a visual depiction of a minor that depicts explicit sexual material.
B. It is unlawful for a juvenile to intentionally or knowingly possess a visual depiction of a minor that depicts explicit sexual material and that was transmitted to the juvenile through the use of an electronic communication device.
C. It is not a violation of Subsection B of this section if all of the following apply:
1. The juvenile did not solicit the visual depiction.
2. The juvenile took reasonable steps to destroy or eliminate the visual depiction.
3. The juvenile did not provide the visual depiction to another person.
D. A violation of this section is a class 2 misdemeanor.
E. For the purposes of this section:
1. "Electronic communication device" has the same meaning prescribed in section 13-3560.
2. "Explicit sexual material" means material that depicts human genitalia or that depicts nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse.
3. "Visual depiction" has the same meaning prescribed in section 13‑3551.