HB 2115
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ARIZONA HOUSE OF REPRESENTATIVES
Fifty-fifth Legislature
Second Regular Session
HB 2115: electronic devices; filters; harmful material
Sponsor: Representative Udall, LD 25
Committee on Judiciary
Overview
Outlines requirements for smartphone and tablet filters that block material that may be harmful to
minors and prescribes civil and criminal penalties for noncompliance.
History
Providing minors any item that may be harmful to minors is unlawful and constitutes a class 4
felony (A.R.S. § 13-3506). Materials that are harmful to minors are anything that includes nudity,
sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse when both:
1) It appeals to the prurient interest and portrays the description or representation in a
patently offensive way; and
2) Taken as a whole, does not have serious literary, artistic, political or scientific value for
minors (A.R.S. § 13-3501).
Sending any materials that are harmful to a minor through any direct internet communication is a
class 4 felony (A.R.S. § 13-3506.01).
Provisions
1. Requires smartphone and tablet manufacturers to manufacture a device that automatically
enables a filter that:
a) Prevents users from accessing or downloading materials that are harmful to minors on
specified networks and applications;
b) Notifies the user of blocked downloads or website access;
c) Allows the user to unblock filtered materials by using a passcode; and
d) Reasonably prevents a person from deactivating or uninstalling the filter. (Sec. 1)
2. States when a device is activated in Arizona, manufacturers are civilly and criminally liable if
the following occur:
a) The device does not enable a filter upon activation; and
b) A minor accesses material that is harmful to minors on the device. (Sec. 1)
3. Specifies that a manufacturer violating this law is considered to have committed a separate
violation for each device. (Sec. 1)
4. Exempts manufacturers from criminal and civil liability provided they make a good faith effort
to provide a device that complies with specified requirements. (Sec. 1)
5. Makes a person, other than a minor's parent or guardian, civilly liable for enabling a passcode
that removes a device's filter if the minor accesses harmful material. (Sec. 1)
6. Allows the Attorney General to do the following:
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note HB 2115
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a) Issue temporary restraining orders or preliminary or permanent injunctions relating to
violations of this law;
b) Recover civil penalties of no more than $5,000 per violation and no more than $50,000
total; and
c) Recover reasonable expenses for investigative costs, attorney costs and other appropriate
relief. (Sec. 1)
7. Enables the Attorney General to issue subpoenas and conduct hearings while investigating
violations of this law. (Sec. 1)
8. Authorizes the Attorney General to revoke licenses and certificates that allow a manufacturer
to operate in Arizona. (Sec. 1)
9. Allows a minor's parent or guardian to bring a private cause of action against a manufacturer
that failed to comply with this law or a person who enabled a passcode to remove a filter if the
minor accessed harmful material as a result. (Sec. 1)
10. Prescribes specific damages a parent can recover from civil litigation involving violations of
this law. (Sec. 1)
11. Clarifies that a class-action lawsuit against a manufacturer that knowingly violates this law is
not precluded by any other provision. (Sec. 1)
12. Prohibits any person, other than the minor's parent or guardian, from enabling a passcode to
remove the filter on a minor's device. (Sec. 1)
13. Prescribes specific fines to a person who enables a passcode to remove the filter on a minor's
device. (Sec. 1)
14. Defines activate, device, filter, harmful to minors, internet, manufacturer, minor, smartphone
and tablet. (Sec. 1)
15. Contains a delayed effective date of January 1, 2023. (Sec. 2)