Arizona 2024 Regular Session

Arizona Senate Bill SB1125 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~Senate Engrossed~~ internet; material harmful to minors State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 ~~SENATE BILL~~ 1125 An Act amending title 18, Arizona Revised Statutes, by adding chapter 7; relating to information technology. (TEXT OF BILL BEGINS ON NEXT PAGE)
	1	+	REFERENCE TITLE: internet; material harmful to minors State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1125 Introduced by Senators Rogers: Farnsworth, Kern, Wadsack; Representative Gillette An Act amending title 18, Arizona Revised Statutes, by adding chapter 7; relating to information technology. (TEXT OF BILL BEGINS ON NEXT PAGE)
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9		-	~~Senate Engrossed~~ internet; material harmful to minors
	9	+	REFERENCE TITLE: internet; material harmful to minors
10	10		State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
11		-	SENATE BILL 1125
	11	+	SB 1125
	12	+	Introduced by Senators Rogers: Farnsworth, Kern, Wadsack; Representative Gillette
12	13
13		-	Senate Engrossed
14		-
15		-
16		-
17		-	internet; material harmful to minors
	14	+	REFERENCE TITLE: internet; material harmful to minors
18	15
19	16
20	17
21	18
22	19
23	20
24	21
25	22
26	23
27	24		State of Arizona
28	25
29	26		Senate
30	27
31	28		Fifty-sixth Legislature
32	29
33	30		Second Regular Session
34	31
35	32		2024
36	33
37	34
38	35
39	36
40	37
41	38
42	39
43		-	SENATE BILL 1125
	40	+	SB 1125
	41	+
	42	+
	43	+
	44	+	Introduced by
	45	+
	46	+	Senators Rogers: Farnsworth, Kern, Wadsack; Representative Gillette
	47	+
	48	+
	49	+
	50	+
	51	+
	52	+
	53	+
	54	+
44	55
45	56
46	57
47	58
48	59
49	60
50	61
51	62
52	63
53	64		An Act
54	65
55	66
56	67
57	68		amending title 18, Arizona Revised Statutes, by adding chapter 7; relating to information technology.
58	69
59	70
60	71
61	72
62	73
63	74		(TEXT OF BILL BEGINS ON NEXT PAGE)
64	75
65	76
66	77
67	78		Be it enacted by the Legislature of the State of Arizona: Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 7, to read: CHAPTER 7 GOVERNMENT INFORMATION TECHNOLOGY USAGE ARTICLE 1. GENERAL PROVISIONS START_STATUTE18-701. Internet access; material harmful to minors; age verification; civil liability; definitions A. A commercial entity that intentionally or knowingly publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall verify that any person attempting to access material harmful to minors is at least eighteen years of age. Verification may be made either: 1. By comparing the internet protocol address with the blacklists described in subsection B of this section. 2. Through any other commercially reasonable method of age and identity verification. B. An internet user with a minor child has the right to submit a request to the user's internet service provider to have one or more of the user's internet protocol addresses added to, or removed from, a blacklist. An internet service provider shall not be under any obligation to confirm that the internet user requesting that one or more of the user's internet protocol addresses be added to the blacklist has a minor child. C. A commercial entity that violates this section is subject to civil liability for damages resulting from a minor's access to material harmful to minors, including reasonable attorney fees and costs. D. This section does not impose an obligation or a liability on a provider or user of an interactive computer service on the internet. E. For the purposes of this section: 1. "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the internet and systems operated or services offered by libraries or educational institutions. 2. "Internet" has the same meaning prescribed in section 18-541. 3. "Material harmful to minors" means any description or representation of nudity, sexual conduct, sexual excitement or sadomasochistic abuse that meets all of the following: (a) Appeals to the prurient, shameful or morbid interest of minors. (b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors. (c) Is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for minors. 4. "Substantial portion" means that more than thirty-three and one-third percent of the total material on a website is explicit sexual material harmful to minors. END_STATUTE
68	79
69	80		Be it enacted by the Legislature of the State of Arizona:
70	81
71	82		Section 1. Title 18, Arizona Revised Statutes, is amended by adding chapter 7, to read:
72	83
73	84		CHAPTER 7
74	85
75	86		GOVERNMENT INFORMATION TECHNOLOGY USAGE
76	87
77	88		ARTICLE 1. GENERAL PROVISIONS
78	89
79	90		START_STATUTE18-701. Internet access; material harmful to minors; age verification; civil liability; definitions
80	91
81	92		A. A commercial entity that intentionally or knowingly publishes or distributes material harmful to minors on the internet from a website that contains a substantial portion of such material shall verify that any person attempting to access material harmful to minors is at least eighteen years of age. Verification may be made either:
82	93
83	94		1. By comparing the internet protocol address with the blacklists described in subsection B of this section.
84	95
85	96		2. Through any other commercially reasonable method of age and identity verification.
86	97
87	98		B. An internet user with a minor child has the right to submit a request to the user's internet service provider to have one or more of the user's internet protocol addresses added to, or removed from, a blacklist. An internet service provider shall not be under any obligation to confirm that the internet user requesting that one or more of the user's internet protocol addresses be added to the blacklist has a minor child.
88	99
89	100		C. A commercial entity that violates this section is subject to civil liability for damages resulting from a minor's access to material harmful to minors, including reasonable attorney fees and costs.
90	101
91	102		D. This section does not impose an obligation or a liability on a provider or user of an interactive computer service on the internet.
92	103
93	104		E. For the purposes of this section:
94	105
95	106		1. "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including a service or system that provides access to the internet and systems operated or services offered by libraries or educational institutions.
96	107
97	108		2. "Internet" has the same meaning prescribed in section 18-541.
98	109
99	110		3. "Material harmful to minors" means any description or representation of nudity, sexual conduct, sexual excitement or sadomasochistic abuse that meets all of the following:
100	111
101	112		(a) Appeals to the prurient, shameful or morbid interest of minors.
102	113
103	114		(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors.
104	115
105	116		(c) Is, when taken as a whole, lacking in serious literary, artistic, political or scientific value for minors.
106	117
107	118		4. "Substantial portion" means that more than thirty-three and one-third percent of the total material on a website is explicit sexual material harmful to minors. END_STATUTE