SB 1007 — schools; sexually explicit materials; classification

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".

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1007 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.

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