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SB1435 - 572R - S Ver
Senate Engrossed
schools;
libraries; explicit materials; classification
(now: schools;
libraries; explicit materials; training)
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SENATE BILL 1435
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:
START_STATUTE
15-120.03.
Sexually explicit materials; prohibition; exemptions; violation;
classification; acknowledgement; 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
of this section
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.
D. Each public school in this state
shall require any individual who is hired as an employee or independent
contractor of the public school on or after the effective date of this
amendment to this section to sign a form acknowledging that the individual has
read this section on the date that the individual is hired.
C.
e.
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.
END_STATUTE
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
START_STATUTE
34-521.
Library access; sexually explicit materials; prohibition;
violation; classification; acknowledgement; 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. Each public library in this state
shall require any individual who is hired on or after the effective date of
this section to sign a form acknowledging that the individual has read this
section on the date that the individual is hired.
E. 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 the 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.
END_STATUTE
Sec. 4.
Implementation
A. Each public school in
this state shall require each individual who is employed as an employee or
independent contractor of the public school on the effective date of this act
to sign a form acknowledging that the individual has read section 15-120.03,
Arizona Revised Statutes, as amended by this act.
B. Each public library in
this state shall require each individual who is employed by the public library
on the effective date of this act to sign a form acknowledging that the
individual has read section 34-521, Arizona Revised Statutes, as added by
this act.