Assigned to FICO AS PASSED BY COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
AMENDED
FACT SHEET FOR H.B. 2661
electronic devices; filters; obscene material
Purpose
Establishes obscene material filter requirements for tablets and smartphones manufactured
on or after January 1, 2026 (devices), that are activated in Arizona by a user who is under 18 years
old. Allows the Attorney General (AG) to bring an action against a person who the AG has reason
to believe is violating or violated the filter requirements, establishes the right to a private cause of
action for parents and legal guardians and prescribes penalties.
Background
The AG serves as the chief legal officer of Arizona and receives complaints and
investigates alleged violations relating to civil rights, consumer fraud and other statutes as
authorized (A.R.S. Title 41, Chapter 1, Article 5). The Office of the AG consists of the Criminal
Division, State Government Division, Child and Family Protection Division, Civil Litigation
Division, Appeals and Constitutional Litigation Division, Communications Division and
Operations Division (AG).
It is unlawful for a person, with knowledge of the character of the item involved, to:
1) recklessly furnish, present, provide, make available, give, lend, show, advertise or distribute to
a minor any item that is harmful to minors, excluding the transmission or sending of items over
the internet; or 2) intentionally or knowingly transmit or send to a minor by means of electronic
mail, personal messaging or any other direct internet communication an item that is harmful to
minors when the person knows or believes at the time of the transmission that a minor will receive
the item, excluding posting material on an internet web site, bulletin board or newsgroup or
sending material via mailing list or listserv that is not administered by the sender. A violation of
either offense is a class 4 felony and a failure to report a violation is a class 6 felony (A.R.S. §§
13-3506 and 13-3506.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, beginning January 1, 2026, a device that is activated in Arizona to:
a) contain a filter;
b) ask the user to input the user's age during activation and account setup;
c) automatically enable the filter when the user's age indicates that the user is a minor;
d) allow a password to be established for the filter;
e) notify the user of the device when the filter blocks the device from accessing a website;
and
f) provide an opportunity to deactivate or reactivate the filter by using a password. FACT SHEET – Amended
H.B. 2661
Page 2
2. Defines minor as an individual who is under 18 years old and who is not emancipated, married
or a member of the U.S. Armed Forces.
3. Subjects a manufacturer to civil liability if:
a) the device is activated in Arizona and does not enable a filter on activation; and
b) a minor accesses obscene material on the device.
4. Specifies that, for civil penalty purposes, a manufacturer is considered to have committed a
separate violation for each device manufactured on or after January 1, 2026.
5. Exempts, from civil liability, a manufacturer that makes a good faith effort to provide a device
that automatically enables a filter when activated in Arizona.
6. Subjects a person who is at least 18 years old, except for the minor's parent or legal guardian,
to civil liability for intentionally enabling a password to remove a filter on a device in the
possession of a minor if the minor accesses obscene material on the device.
7. Allows the AG to act in the public interest to bring an action against a person who the AG has
reason to believe is violating or violated the statutory device, filter and password requirements
to do any of the following:
a) enjoin any action that constitutes a violation by issuing a temporary restraining order or
preliminary or permanent injunction;
b) recover a civil penalty of up to $5,000 per violation, up to a maximum of $50,000;
c) recover the AG's reasonable expenses, investigative costs and attorney fees; or
d) obtain other appropriate relief as outlined.
8. Allows the AG to issue subpoenas to any person and conduct hearings in any investigation or
inquiry related to a possible violation.
9. Allows the AG to seek the revocation of any license or certificate authorizing a manufacturer
to engage in business in Arizona.
10. Allows a parent or legal guardian of a minor who accesses obscene material in a manner that
violates the device filter requirements to bring a private cause of action in any court of
competent jurisdiction against:
a) a manufacturer that fails to comply with the device filter requirements; and
b) a person who is at least 18 years old who is not a parent or legal guardian of the minor and
who disables a filter from a device in the minor's possession that results in the minor's
exposure to obscene material.
11. Allows a parent or legal guardian of a minor who brings an action to recover:
a) actual damages or, in the court's discretion where actual damages are difficult to ascertain
due to the nature of the injury, liquidated damages in the amount of $50,000 for each
violation;
b) punitive damages in an amount determined by the court, if the court finds the violation is
knowing and wilful;
c) nominal damages; or
d) any other relief the court deems appropriate, including court costs and expenses. FACT SHEET – Amended
H.B. 2661
Page 3
12. Specifies that the authorized private cause of action does not preclude a class action lawsuit
against a manufacturer that knowingly and wilfully violates the device filter requirements.
13. Specifies that the filter on personal electronic device requirements do not create a cause of
action against the retailer of a device, including an employee of a retailer acting in the course
and scope of employment.
14. Defines terms.
15. Becomes effective on the general effective date.
Amendments Adopted by Committee
• Removes the criminal liability and associated classification and penalty.
House Action Senate Action
JUD 1/31/24 DP 5-3-1-0 FICO 3/18/24 DPA 4-3-0
3
rd
Read 2/29/24 34-25-0-0-1
Prepared by Senate Research
March 19, 2024
MG/cs