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Senate Engrossed
schools; sexually explicit materials; classification |
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(now: schools; libraries; explicit materials; classification)
State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SENATE BILL 1007 |
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An Act
amending section 15-120.03, Arizona Revised Statutes; amending title 34, chapter 5, Arizona Revised Statutes, by adding article 2; relating to sexually explicit material.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 15-120.03, Arizona Revised Statutes, is amended to read:
15-120.03. Sexually explicit materials; prohibition; exemptions; violation; classification; definition
A. Except as prescribed in section 15-711, a public school in this state may not refer students to or use any sexually explicit material in any manner.
B. Materials may be exempted from the provisions of subsection A if all of the following requirements are met:
1. The exempted material possesses serious educational value for minors or possesses serious literary, artistic, political or scientific value.
2. The public school requires written parental consent before the public school refers a student to or uses the exempted material. The public school shall require parental consent on a per-material basis.
3. The public school provides students for whom parental consent is not secured under paragraph 2 of this subsection with an alternative assignment that does not contain sexually explicit material.
C. An employee or independent contractor of a public school who acting with criminal negligence violates this section is guilty of a class 5 felony.
C. D. For the purposes of this section, "sexually explicit materials" includes textual, visual or audio materials or materials accessed via any other medium that depict any of the following:
1. Sexual conduct. For the purposes of this paragraph, "sexual conduct" means acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
2. Sexual excitement. For the purposes of this paragraph, "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
3. Ultimate sexual acts. For the purposes of this paragraph, "ultimate sexual acts" means sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of consummation of ultimate sexual acts.
Sec. 2. Heading changes
A. The chapter heading of title 34, chapter 5, Arizona Revised Statutes, is changed from "computer access" to "public access to computers and libraries".
B. The article heading of title 34, chapter 5, article 1, Arizona Revised Statutes, is changed from "access by minors" to "computer access by minors".
Sec. 3. Title 34, chapter 5, Arizona Revised Statutes, is amended by adding article 2, to read:
ARTICLE 2. LIBRARY ACCESS BY MINORS
34-521. Library access; sexually explicit materials; prohibition; violation; classification; definitions
A. An employee or independent contractor of a public library in this state may not refer an unemancipated minor to any sexually explicit material in any manner.
B. An employee or independent contractor of a public library in this state may not facilitate an unemancipated minor's access to any sexually explicit material in any manner.
C. An employee or independent contractor of a public library who acting with criminal negligence violates this section is guilty of a class 5 felony.
D. For the purposes of this section:
1. "Public library":
(a) Means any library that is open to members of the public and that is supported, in whole or in part, by monies distributed by this state or any political subdivision of this state.
(b) includes all of the following:
(i) A free public library of a city or town as prescribed by title 9, chapter 4, article 2.
(ii) A county free library as prescribed by title 11, chapter 7, article 1.
(iii) The state library as prescribed by title 41, chapter 1, article 2.1.
2. "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. For the purposes of this subdivision, "sexual conduct" means acts of masturbation, sexual intercourse or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person is a female, breast.
(b) Sexual excitement. For the purposes of this subdivision, "sexual excitement" means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
(c) Ultimate sexual acts. For the purposes of this subdivision, "ultimate sexual acts" means sexual intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy. A sexual act is simulated when it depicts explicit sexual activity that gives the appearance of consummation of ultimate sexual acts.