Senate Engrossed

 

sexually explicit materials; government; prohibition

 

 

 

 

State of Arizona

Senate

Fifty-sixth Legislature

First Regular Session

2023

 

 

 

SENATE BILL 1696

 

 

An Act

 

amending title 38, chapter 3, Arizona Revised Statutes, by adding article 11; relating to sexually explicit materials.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


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

Section 1. Title 38, chapter 3, Arizona Revised Statutes, is amended by adding article 11, to read:

ARTICLE 11. SEXUALLY EXPLICIT MATERIALS

START_STATUTE38-539.01. Sexually explicit materials; prohibition; violation; classification; definitions

A. This state, a state agency or a city, town, county or a political subdivision of this state shall not expose minors to sexually explicit materials and shall prohibit its contractors from exposing minors to sexually explicit materials.

B. A facility or property owned, leased or managed by a person or entity prescribed by subsection A of this section may not be used for filming or facilitating sexually explicit acts.

C. A person that violates this section is guilty of a class 5 felony.

D. For the purposes of this section:

1. "Sexual conduct" means acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area or buttocks or the female breast.

2. "Sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.

3. "Sexually explicit materials" includes textual, visual or audio materials or materials accessed via any other medium that depict any of the following:

(a) Sexual conduct.

(b) Sexual excitement.

(c) Ultimate sexual acts.

4. "Ultimate sexual acts" means sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. END_STATUTE