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HB2589 • 2026

unlawful exposure; minors; drag show

HB2589 - unlawful exposure; minors; drag show

Children Crime
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Michael Way
Last action
2026-05-11
Official status
Senate minority caucus
Effective date
Not listed

Plain English Breakdown

The official text specifies 'in or on a public property' as a required condition for the offense; it is unclear if this includes private venues located within public parks.

HB2589: New Law on Adult Performances Near Minors

This bill creates a new crime for intentionally exposing minors to adult-oriented performances in or on public property.

What This Bill Does

  • Creates the offense of unlawful exposure to an adult oriented performance.
  • Classifies this offense as a class 4 felony.
  • Defines an adult oriented performance as an in-person show that appeals to sexual interest and depicts specific sexual acts or lewd body parts.
  • Prohibits allowing minors under one's care to view these performances on public property.
  • Prohibits letting minors enter buildings where these performances are happening if the conduct occurs on public property.

Who It Names or Affects

  • People who allow minors in their custody or control to see adult oriented performances
  • Performers of adult oriented shows visible to minors
  • Business owners or managers allowing minors into venues with such shows if the conduct occurs on public property

Terms To Know

adult oriented performance
An in-person show that appeals to sexual interest and depicts specific sexual activities or lewd exposure of body parts.
class 4 felony
A serious crime with severe legal penalties under Arizona law.

Limits and Unknowns

  • The bill only applies to conduct in or on public property.
  • The text does not specify the exact prison time for a class 4 felony conviction.
  • The effective date is listed as the general effective date, which varies by session.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Plain English: This amendment changes the law to ban exposing minors to adult-oriented performances instead of specifically targeting drag shows, and requires that this exposure happen on purpose rather than just knowingly.

  • The bill now bans allowing a minor to see an 'adult oriented performance' instead of banning them from seeing a 'drag show'.
  • A person must act 'intentionally' (on purpose) for the law to apply, which is stricter than just acting 'knowingly'.
  • The definition of the banned event now focuses on shows that appeal to sexual interest or depict specific sexual activities and body parts.
  • The amendment removes language about performances being harmful to minors as a separate category.
  • The exact legal meaning of 'adult oriented performance' depends on how courts interpret terms like 'prurient interest in sex'.
  • It is unclear if this change affects other parts of the law not included in this specific amendment text.
  • The final version may have small wording changes to match the new title and definitions.

Plain English: This amendment creates a new law that makes it a serious crime to intentionally let minors see or be near adult-oriented performances.

  • It defines an 'adult oriented performance' as any live show taken together that appeals to sexual interest and shows specific sexual acts or private body parts.
  • It becomes illegal for anyone to allow a minor under their care to watch such a performance.
  • It is also illegal to let a minor enter or stay in a building where this type of performance is happening.
  • The law makes it a crime if someone performs, or lets another person they control perform, these acts while a minor can see them.
  • This amendment removes the requirement that the event must happen on public property to be illegal.
  • The text does not explain how law enforcement will decide if a specific show meets the definition of 'appealing to sexual interest' without more examples or guidelines.

Plain English: This amendment creates a new law making it a serious crime to intentionally let minors see or be near adult-oriented performances.

  • It defines an 'adult oriented performance' as any live show that appeals to sexual interest and shows specific sexual acts or body parts.
  • It makes it illegal for anyone to allow a minor under their care to watch such a performance.
  • It bans letting minors enter or stay in buildings where these performances are happening.
  • It prohibits performing, or allowing someone you control from performing, an adult-oriented show in front of a minor.
  • The amendment text does not explain how law enforcement will decide if a specific performance meets the definition of 'adult oriented'.
  • The document removes language about where these acts must happen (public property), but it is unclear exactly which locations are now covered.

Bill History

  1. 2026-05-11 Senate

    Senate minority caucus

  2. 2026-05-11 Senate

    Senate majority caucus

  3. 2026-03-10 Senate

    Senate second read

  4. 2026-03-09 Senate

    Senate Rules: PFC

  5. 2026-03-09 Senate

    Senate Judiciary and Elections: DPA

  6. 2026-03-09 Senate

    Senate first read

  7. 2026-02-26 Senate

    Transmitted to Senate

  8. 2026-02-25 House

    House third read passed

  9. 2026-02-23 House

    House committee of the whole

  10. 2026-02-10 House

    House minority caucus

  11. 2026-02-10 House

    House majority caucus

  12. 2026-02-09 House

    House consent calendar

  13. 2026-01-21 House

    House second read

  14. 2026-01-20 House

    House Rules: C&P

  15. 2026-01-20 House

    House Judiciary: DP

  16. 2026-01-20 House

    House first read

Official Summary Text

HB2589 - 572R - Senate Fact Sheet

Assigned to
JUDE���������������������������������������������������������������������������������������������� AS
PASSED BY COMMITTEE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
H.B. 2589

unlawful exposure;
minors; drag show

Purpose

Establishes the
criminal classification of
unlawful exposure to an adult oriented
performance
and classifies a violation as a class 4 felony.

Background

An adult
oriented business may not be located within one-fourth of a mile of a childcare
facility, a private or public charter school, a public playground, a public
recreational facility, a residence or place of worship. An adult arcade, adult
bookstore or video store, adult cabaret, adult motion picture theater, adult
theater, escort agency or nude model studio may not remain open at any time
between the hours of 1:00 a.m. and 8:00

�a.m. on Monday
through Saturday and between the hours of 1:00 a.m. and 12:00 noon on Sunday (
A.R.S. � 13-1422
).

It is unlawful
for a person, with knowledge of the character of the item, to recklessly
furnish, present, provide, make available or distribute to a minor any item
that is harmful to minors. A violation is classified as a class 4 felony.
Harmful
to

minors
is defined as any description or representation, including
performances, of nudity, sexual activity, sexual conduct, sexual excitement or
sadomasochistic abuse that, taken as a whole: 1) under the perspective of the
average adult applying contemporary standards for what is suitable for minors,
both appeals to the prurient interest and portrays the subject matter in a
patently offensive way; and 2) does not have serious literary, artistic,
political or scientific value for minors (A.R.S. ��
13-3501

and
13-3506
).

There is no
anticipated fiscal impact to the state General Fund associated with this
legislation.

Provisions

1.

Establishes
that a person commits unlawful exposure to an adult oriented performance by
intentionally doing any of the following in or on a public property:

a)

allowing a minor under the person's custody or control to view an adult
oriented performance;

b)

allowing a minor to enter or remain in a building or part of a building
where an adult oriented performance is occurring; or

c)

performing
or allowing another person under the person's custody or control to perform an
adult oriented performance in view of a minor.

2.

Classifies
unlawful exposure to an adult oriented performance
as
a class 4 felony.

3.

Defines

adult oriented performance
as an in-person show or performance that:

a)

taken as a whole, appeals to a prurient interest in sex; and

b)

depicts
or stimulates specific sexual activities or the lewd exposure of specific
anatomical areas.

4.

Becomes effective on the general effective date.

Amendments Adopted by
Committee

1.

Specifies that a person commits
unlawful exposure to an adult
oriented performance
if the prohibited conduct takes place in or on a
public property.

2.

Makes technical and conforming changes.

House Action
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Senate
Action

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3
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Read��������� 2/25/26����������������� 31-2-7

Prepared by Senate Research

March 31, 2026

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Current Bill Text

Read the full stored bill text
HB2589 - 572R - H Ver

House Engrossed

unlawful exposure;
minors; drag show

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HOUSE BILL 2589

AN
ACT

amending
title 13, chapter 35, Arizona Revised Statutes, by adding section 13-3508;
relating to obscenity.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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 13-3508, to read:

START_STATUTE
13-3508.

Unlawful exposure to adult oriented performances; classification;
definitions

A. A person commits unlawful exposure
to
an adult oriented performance by
intentionally doing any of the following:

1. Allowing a minor under the
person's custody or control to view
an adult oriented
performance.

2. Allowing a minor to enter or
remain in a building or part of a building WHERE
an adult
oriented performance is occurring.

3. Performing or allowing another
person under the person's custody or control to perform
an
adult oriented performance in view of a minor.

B. Unlawful exposure to
an adult oriented performance is a class 4 felony.

C. For the purposes of this section:

1. "
adult
oriented performance" means an in-person show or performance that:

(
a
)
Taken as a whole appeals to a prurient interest in sex; and

(
b
)
Depicts or simulates specific sexual activities or the lewd exposure
of specific anatomical areas.

END_STATUTE