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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Prepared by Senate Research
March 31, 2026
ZD/MY/ci
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