pornography; distribution; requirements; attorney general

HB2900 - 572R - I Ver

REFERENCE TITLE:
pornography; distribution; requirements; attorney general

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2900

Introduced by

Representative
Powell

AN
ACT

amending title 44, chapter 9, arizona
revised statutes, by adding article 27; relating to trade practices.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

Section 1. Title 44, chapter 9, Arizona Revised
Statutes, is amended by adding article 27, to read:

ARTICLE 27. PORNOGRAPHY

START_STATUTE
44-1383.

Commercial entity; pornography distribution and sale prohibition;
definitions

A. A commercial entity may not
knowingly and intentionally produce, publish, sell or offer for sale
pornography or commercially distribute pornography in this state.

B. For the purposes of subsection A
of this section, a commercial entity acts in this state if the commercial
entity does any of the following:

1. Produces pornography in this
state.

2. Sells, offers for sale or
commercially distributes pornography in this state.

3. Publishes or commercially
distributes pornography through an internet website or digital service that is
accessible in this state and is intended to reach or is directed to individuals
in this state.

C. This section does not:

1. Impose civil liability on an
individual solely for the private possession, private viewing or private
receipt of pornography.

2. Apply to a bona fide news or
public interest website, video, report or event.

3. Affect the rights of a news
gathering organization.

D. An internet service provider or
the internet service provider's affiliates or subsidiaries or a search engine
or a cloud service provider is not in violation of this section for providing
access or connection to or from a website or other information or content on
the internet that is not within the internet service provider's or the
affiliate or subsidiary of the internet service provider or a search engine or
a cloud service provider's control.

E. If the attorney general believes
that a commercial entity knowingly violated this SECTION and an action is in
the public interest, the attorney general may bring an action in superior court
in the county in which the commercial entity's principal place of business is
located to enjoin the violation and to recover a civil penalty and obtain other
relief the court considers appropriate.

F. If the attorney general does not
file a claim against a commercial entity that knowingly violated this section,
a private person may bring an action in the name of this state. The
action may be dismissed only by order of the court and with written consent of
the attorney general.� On the same day that the complaint is filed, the
plaintiff shall serve on the attorney general by certified mail, return receipt
requested, a copy of the complaint and a written disclosure of substantially
all material evidence and information that the plaintiff possesses.� The
attorney general may intervene and proceed with the action WITHIN one hundred
twenty days after the attorney general receives the complaint, material
evidence and information.� Before the expiration of the one hundred twenty-day
period, the attorney general shall either proceed with the action or notify the
court that the attorney general declines to take over the action, in which case
the person bringing the action may conduct the action.� After a person brings
an action under this subsection, no other person may bring a related action
that is based on the facts underlying the pending action.

G. The
court may impose a civil penalty for a violation of this section in an amount
equal to not more than the total of either of the following:

1. $10,000
per day that the commercial entity produces, publishes, sells, offers for sale
or commercially distributes pornography in violation of this section.

2. $10,000
per instance in which the commercial entity sells, offers for sale or
commercially distributes pornography in violation of this section.

H. The
court shall determine the amount of a civil penalty that is imposed pursuant to
this SECTION based on all of the following factors:

1. The
seriousness of the violation, including the nature, circumstances and extent of
the violation.

2. The
history of previous violations.

3. The
amount necessary to deter a future violation.

4. The
economic impact on the entity.

5. The
commercial entity's knowledge that the act constituted a violation of this
section.

6. Any
other matter that justice may require.

I. The
attorney general or private plaintiff may recover reasonable and necessary
attorney fees and costs that are incurred in an action under this section.

J. In an
action that is brought or maintained pursuant to this section, all personally
identifiable information of individuals who accessed or attempted to access the
material, including the individual's name, shall be redacted before the information
is produced.

K. For
the purposes of this section:

1. "Commercial
entity" includes a corporation, limited liability company, partnership,
limited partnership, sole proprietorship or other legally recognized BUSINESS
entity.

2. "Commercially
distribute" means to issue, sell, give, provide, deliver, transfer,
transmute, circulate, disseminate, stream or transmit by any means for money or
other thing of value, directly or indirectly.�

3. "News
gathering organization" includes An employee who was acting within the
course and scope of employment and can provide documentation of employment at
any of the following employers:

(
a
) A newspaper.

(
b
) A news publication of any kind.

(
c
) A news source for printed or online publications.

(
d
) A mobile news platform or current news of a public
interest.

(
e
) A radio broadcast station.

(
f
) a television broadcast station.

(
g
) a cable television operator or wire service.

5. "pornography"
means any picture, image, graphic image file, film, videotape or other visual
depiction that:

(
a
) Taken as a whole:

(
i
) Appeals to the prurient interest in nudity, sex or
excretion.

(
ii
) Lacks serious literary, artistic, political or scientific
value.

(
b
) Depicts, describes or represents an actual or simulated
sexual act or sexual contact that includes Perverted sexual acts or lewd
exhibition of genitals with the objective intent to arouse, titillate or
gratify the sexual desires of an individual.

6. "Produce"
means to create, film, record, manufacture, compose, compile or generate an
item for commercial distribution.

7. "publish"
means to communicate or make information available to an individual or entity
that includes a publicly available internet website or digital service.
END_STATUTE