Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1353 Introduced / Bill

Filed 01/24/2022

                    REFERENCE TITLE: internet materials; harmful to minors             State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022         SB 1353           Introduced by  Senator Rogers        AN ACT   amending title 44, Arizona Revised Statutes, by adding chapter 32; relating to internet materials.     (TEXT OF BILL BEGINS ON NEXT PAGE)   

 

 

 

REFERENCE TITLE: internet materials; harmful to minors
State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022
SB 1353
Introduced by  Senator Rogers

REFERENCE TITLE: internet materials; harmful to minors

 

 

 

 

State of Arizona

Senate

Fifty-fifth Legislature

Second Regular Session

2022

 

 

SB 1353

 

Introduced by 

Senator Rogers

 

 

AN ACT

 

amending title 44, Arizona Revised Statutes, by adding chapter 32; relating to internet materials.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

 Be it enacted by the Legislature of the State of Arizona: Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 32, to read: CHAPTER 32 INTERNET MATERIALS THAT ARE HARMFUL TO MINORS ARTICLE 1. GENERAL PROVISIONS START_STATUTE44-7501. Definition of harmful to minors In this chapter, unless the context otherwise requires, "harmful to minors" has the same meaning prescribed in section 13-3501. END_STATUTE START_STATUTE44-7502. Age verification Before a website allows a person in this state to access material that is harmful to minors, the person must verify that the person is at least eighteen years of age through the use of a credit card. Age verification through an online agreement in which the user signifies the user's acceptance by clicking a button or checking a box is not sufficient to verify the person is at least eighteen years of age for the purposes of this section. END_STATUTE START_STATUTE44-7503. Websites; domain names; internet service providers; civil liability; civil penalties A. A website that contains material that is harmful to minors and that originates or is hosted in this state must have the top-level domain name .xxx. B. A website that violates this chapter and an internet service provider that hosts a website that violates this chapter are civilly liable for the violation and are subject to the following civil penalties of not more than the following amounts for each violation: 1. $21,663 for a first violation. 2. $54,157 for a second violation WITHIN a five-year period. 3. $108,315 for a third or subsequent violation within a seven-year period. END_STATUTE 

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

Section 1. Title 44, Arizona Revised Statutes, is amended by adding chapter 32, to read:

CHAPTER 32

INTERNET MATERIALS THAT ARE HARMFUL TO MINORS

ARTICLE 1. GENERAL PROVISIONS

START_STATUTE44-7501. Definition of harmful to minors

In this chapter, unless the context otherwise requires, "harmful to minors" has the same meaning prescribed in section 13-3501. END_STATUTE

START_STATUTE44-7502. Age verification

Before a website allows a person in this state to access material that is harmful to minors, the person must verify that the person is at least eighteen years of age through the use of a credit card. Age verification through an online agreement in which the user signifies the user's acceptance by clicking a button or checking a box is not sufficient to verify the person is at least eighteen years of age for the purposes of this section. END_STATUTE

START_STATUTE44-7503. Websites; domain names; internet service providers; civil liability; civil penalties

A. A website that contains material that is harmful to minors and that originates or is hosted in this state must have the top-level domain name .xxx.

B. A website that violates this chapter and an internet service provider that hosts a website that violates this chapter are civilly liable for the violation and are subject to the following civil penalties of not more than the following amounts for each violation:

1. $21,663 for a first violation.

2. $54,157 for a second violation WITHIN a five-year period.

3. $108,315 for a third or subsequent violation within a seven-year period. END_STATUTE