HB 2112 — internet pornography; minors; age verification

HouseSenate Engrossed House Bill internet pornography;

age verification State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session CHAPTER 193 HOUSE BILL 2112 AN ACT AMENDING TITLE 18, ARIZONA REVISED STATUTES, BY ADDING CHAPTER 7;

prohibited data retention;retention or transmission;

civil liability;

penalty;

attorney general;

qui tam plaintiff;

AN INTERNET SERVICE PROVIDER, OR ITS AFFILIATES OR SUBSIDIARIES, A SEARCH ENGINE OR A CLOUD SERVICE PROVIDER MAY NOT BE HELD TO HAVE VIOLATED THIS SECTION SOLELY FOR PROVIDING ACCESS OR CONNECTION TO OR FROM A WEBSITE OR OTHER INFORMATION OR CONTENT ON THE INTERNET OR ON A FACILITY, SYSTEM OR NETWORK NOT UNDER THAT INTERNET SERVICE PROVIDER'S CONTROL, INCLUDING TRANSMISSION, DOWNLOADING, INTERMEDIATE STORAGE, ACCESS SOFTWARE OR OTHER SERVICES TO THE EXTENT THAT THE INTERNET SERVICE - 1 - H.B.

2112 SOFTWARE OR OTHER SERVICES TO THE EXTENT THAT THE INTERNET SERVICE PROVIDER OR SEARCH ENGINE IS NOT RESPONSIBLE FOR THE CREATION OF THE CONTENT THAT CONSTITUTES SEXUAL MATERIAL THAT IS HARMFUL TO MINORS.

THE PARENT OR GUARDIAN OF A MINOR WHO ACCESSES MATERIAL HARMFUL TO MINORS INAND A PERSON WHOSE IDENTIFYING INFORMATION WAS RETAINED OR TRANSMITTED BECAUSE OF AN ENTITY'S VIOLATION OF THIS SECTION HAS A RIGHT OF ACTION AGAINST THE OFFENDING PARTY.ENTITY.

UPON PREVAILING IN SUCH AN ACTION, THE COURT MAY AWARD TO A SUCCESSFUL PLAINTIFF IN AN ACTION BROUGHT PURSUANT TO THIS SECTION A PENALTY FOR A VIOLATION OF THIS SECTION:

(b) $10,000 PER INSTANCE WHEN THE ENTITY RETAINS OR TRANSMITS IDENTIFYING INFORMATION IN VIOLATION OF SUBSECTION C OF THIS SECTION.

THE COURT SHALL DETERMINE THE AMOUNT OF A CIVIL PENALTY THAT IS IMPOSED PURSUANT TO THIS SECTION BASED ON ALL OF THE FOLLOWING FACTORS:

THEA ATTORNEYSUCCESSFUL GENERAL OR QUI TAM PLAINTIFF MAY RECOVER REASONABLE AND NECESSARY ATTORNEY FEES AND COSTS THAT ARE INCURRED IN AN ACTION UNDER THIS SECTION.

IN ANY ACTION THAT IS BROUGHT OR MAINTAINED PURSUANT TO THIS SECTION, ALL PERSONALLY IDENTIFIABLE INFORMATION OF USERS, INCLUDING THEIRTHE NAMES,USER'S NAME, SHALL BE REDACTED PRIORBEFORE TOTHE PRODUCTION.INFORMATION IS PRODUCED.

(a) THE AVERAGE PERSON APPLYING CONTEMPORARY COMMUNITY STANDARDS WOULD FIND, TAKING THE MATERIAL AS A WHOLE AND WITH RESPECT TO MINORS, IS DESIGNED TO APPEAL TO OR PANDER TO THE PRURIENT INTEREST.INTEREST;

(i) A PERSON'S PUBIC HAIR, ANUS OR GENITALS OR THE NIPPLE OF THE FEMALE BREAST.BREAST;

(ii) TOUCHING, CARESSING OR FONDLING OF NIPPLES, BREASTS, BUTTOCKS, ANUSES OR GENITALS.GENITALS;

(iii) SEXUAL INTERCOURSE, MASTURBATION, SODOMY, BESTIALITY, ORAL COPULATION, FLAGELLATION, EXCRETORY FUNCTIONS, EXHIBITIONS OR ANY OTHER SEXUAL ACT.ACT AND (c) TAKEN AS A WHOLE, LACKS SERIOUS LITERARY, ARTISTIC, POLITICAL OR SCIENTIFIC VALUE FOR MINORS.

(c) TAKEN AS A WHOLE, LACKS SERIOUS LITERARY, ARTISTIC, POLITICAL OR SCIENTIFIC VALUE FOR MINORS.

APPROVED BY THE GOVERNOR MAY 13, 2025.

FILED IN THE OFFICE OF THE SECRETARY OF STATE MAY 13, 2025.