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Senate Engrossed
internet; material harmful to minors |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1125 |
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An Act
amending title 18, Arizona Revised Statutes, by adding chapter 7; relating to information technology.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 7, to read:
CHAPTER 7
GOVERNMENT INFORMATION TECHNOLOGY USAGE
ARTICLE 1. GENERAL PROVISIONS
18-701. Internet access; material harmful to minors; age verification; civil liability; definitions
A. A commercial entity that intentionally or knowingly publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall verify that any person attempting to access material harmful to minors is at least eighteen years of age. Verification may be made either:
1. By comparing the internet protocol address with the blacklists described in subsection B of this section.
2. Through any other commercially reasonable method of age and identity verification.
B. An internet user with a minor child has the right to submit a request to the user's internet service provider to have one or more of the user's internet protocol addresses added to, or removed from, a blacklist. An internet service provider shall not be under any obligation to confirm that the internet user requesting that one or more of the user's internet protocol addresses be added to the blacklist has a minor child.
C. A commercial entity that violates this section is subject to civil liability for damages resulting from a minor's access to material harmful to minors, including reasonable attorney fees and costs.
D. This section does not impose an obligation or a liability on a provider or user of an interactive computer service on the internet.
E. For the purposes of this section:
1. "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the internet and systems operated or services offered by libraries or educational institutions.
2. "Internet" has the same meaning prescribed in section 18-541.
3. "Material harmful to minors" means any description or representation of nudity, sexual conduct, sexual excitement or sadomasochistic abuse that meets all of the following:
(a) Appeals to the prurient, shameful or morbid interest of minors.
(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
(c) Is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for minors.
4. "Substantial portion" means that more than thirty-three and one-third percent of the total material on a website is explicit sexual material harmful to minors.