SB 1323
Initials JL/GC Page 1 Caucus & COW
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
First Regular Session
Senate: JUD DP 4-3-0-0 | 3
rd
Read DP 16-13-1-0-0
House: JUD DP 5-3-0-0-0-0
SB 1323: schools; sexually explicit materials; classification
Sponsor: Senator Hoffman, LD 15
Caucus & COW
Overview
Makes an employee or independent contractor of a public school who refers students to or uses
any sexually explicit material in violation of existing statute criminally liable for a class 5 felony.
History
Except as provided in A.R.S. § 15-711 (regulating sex education instruction), current statute
prohibits a public school from referring students to or using sexually explicit material in any
manner. A public school may be exempted from this prohibition only if all of the following
circumstances are met:
1) The sexually explicit material provides serious educational, literary, artistic, political or
scientific value to minors;
2) The school requires written parental consent on a per-material basis before referring
students to or utilizing the sexually explicit material; and
3) The school provides students without parental consent alternative assignments that do
not contain sexually explicit material (A.R.S. § 15-120.03).
A parent of a student in a public educational institution reserves the right to review learning
materials and activities in advance. A parent may object to any learning material or activity on the
basis that the learning material or activity is harmful and may request their child to be withdrawn
from the activity, class or program or request an alternative assignment. Statute defines objects
to any learning material or activity on the basis that it is harmful as objecting to material or an
activity because of the sexual, violent, profane or vulgar language. Additionally, public educational
institutions are required to obtain written consent from a student's parent or guardian before:
1) Using video, audio or electronic learning materials that may be age inappropriate; or
2) Providing sex education instruction to a student in addition to notifying the parent or
guardian of their right to review the learning material and activities (A.R.S. § 15-113).
Sexually explicit material is defined to include textual, visual or audio materials or materials
accessed via any other media that depict sexual conduct, sexual excitement or ultimate sexual
acts. Sexual conduct means acts of masturbation, sexual intercourse or physical contact with a
person's clothed or unclothed genitals, pubic area, buttocks or female breast. Sexual excitement
is defined as the condition of human male or female genitals when in a state of sexual stimulation
or arousal. Ultimate sexual acts are defined as sexual intercourse, vaginal or anal, fellatio,
cunnilingus, bestiality or sodomy and includes simulations depicting explicit sexual activity that
gives the appearance of consummation of ultimate sex acts (A.R.S. § 15-120.03).
SB 1323
Initials JL/GC Page 2 Caucus & COW
Provisions
1. States that an employee or independent contractor of a public school who refers students to
or uses sexually explicit material in violation of A.R.S. § 15-120.03 is guilty of a class 5 felony.
(Sec. 1)
2. Makes conforming changes. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note