Arizona 2023 Regular Session

Arizona Senate Bill SB1323 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	~~Senate Engrossed~~ schools; sexually explicit materials; classification State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 ~~SENATE BILL~~ 1323 An Act amending section 15-120.03, Arizona Revised Statutes; relating to public schools. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	REFERENCE TITLE: schools; sexually explicit materials; classification State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023 SB 1323 Introduced by Senators Hoffman: Kern, Shamp, Wadsack; Representatives Chaplik, Parker J An Act amending section 15-120.03, Arizona Revised Statutes; relating to public schools. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9		-	~~Senate Engrossed~~ schools; sexually explicit materials; classification
	9	+	REFERENCE TITLE: schools; sexually explicit materials; classification
10	10		State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
11		-	SENATE BILL 1323
	11	+	SB 1323
	12	+	Introduced by Senators Hoffman: Kern, Shamp, Wadsack; Representatives Chaplik, Parker J
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13		-	Senate Engrossed
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17		-	schools; sexually explicit materials; classification
	14	+	REFERENCE TITLE: schools; sexually explicit materials; classification
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27	24		State of Arizona
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	46	+	Senators Hoffman: Kern, Shamp, Wadsack; Representatives Chaplik, Parker J
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51	64		An Act
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55	68		amending section 15-120.03, Arizona Revised Statutes; relating to public schools.
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65	78		Be it enacted by the Legislature of the State of Arizona: Section 1. Section 15-120.03, Arizona Revised Statutes, is amended to read: START_STATUTE15-120.03. Sexually explicit materials; prohibition; exemptions; violation; classification; definition A. Except as prescribed in section 15-711, a public school in this state may not refer students to or use any sexually explicit material in any manner. B. Materials may be exempted from the provisions of subsection A if all of the following requirements are met: 1. The exempted material possesses serious educational value for minors or possesses serious literary, artistic, political or scientific value. 2. The public school requires written parental consent before the public school refers a student to or uses the exempted material. The public school shall require parental consent on a per-material basis. 3. The public school provides students for whom parental consent is not secured under paragraph 2 of this subsection with an alternative assignment that does not contain sexually explicit material. C. An employee or independent contractor of a public school who violates this section is guilty of a class 5 felony. C. D. For the purposes of this section, "sexually explicit materials" includes textual, visual or audio materials or materials accessed via any other medium that depict any of the following: 1. Sexual conduct. For the purposes of this paragraph, "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. 2. Sexual excitement. 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. END_STATUTE
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67	80		Be it enacted by the Legislature of the State of Arizona:
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69	82		Section 1. Section 15-120.03, Arizona Revised Statutes, is amended to read:
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71	84		START_STATUTE15-120.03. Sexually explicit materials; prohibition; exemptions; violation; classification; definition
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73	86		A. Except as prescribed in section 15-711, a public school in this state may not refer students to or use any sexually explicit material in any manner.
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75	88		B. Materials may be exempted from the provisions of subsection A if all of the following requirements are met:
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77	90		1. The exempted material possesses serious educational value for minors or possesses serious literary, artistic, political or scientific value.
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79	92		2. The public school requires written parental consent before the public school refers a student to or uses the exempted material. The public school shall require parental consent on a per-material basis.
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81	94		3. The public school provides students for whom parental consent is not secured under paragraph 2 of this subsection with an alternative assignment that does not contain sexually explicit material.
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83	96		C. An employee or independent contractor of a public school who violates this section is guilty of a class 5 felony.
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85	98		C. D. For the purposes of this section, "sexually explicit materials" includes textual, visual or audio materials or materials accessed via any other medium that depict any of the following:
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87	100		1. Sexual conduct. For the purposes of this paragraph, "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.
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89	102		2. Sexual excitement. 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.
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91	104		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. END_STATUTE