Arizona 2024 2024 Regular Session

Arizona Senate Bill SB1287 Comm Sub / Analysis

Filed 02/05/2024

                    Assigned to GOV 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, Second Regular Session 
 
FACT SHEET FOR S.B. 1287 
 
sexually explicit materials; government; prohibition 
Purpose 
Prohibits the state, a state agency, city, town or county or any political subdivision of the 
state (public entity), or their contractors, from exposing minors to sexually explicit materials. 
Prohibits the use of a facility or property owned, leased or managed by a public entity, or its 
contractors, for filming or facilitating sexually explicit acts. 
Background 
Statute prohibits a public school in Arizona from referring students to or using any sexually 
explicit material in any manner. Materials are allowed to be used only if all of the following 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; and 3) the public school 
provides an alternative activity for students for whom parental consent is not secured. 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, defined as acts of masturbation, sexual 
intercourse or physical contact with a person's clothed or unclothed genitals, pubic area or buttock 
or the female breast; 2) sexual excitement, defined as the condition of human male or female 
genitals when in a state of sexual stimulation or arousal; or 3) ultimate sexual acts, defined as sexual 
intercourse, vaginal or anal, fellatio, cunnilingus, bestiality or sodomy (A.R.S. ยง 15-120.03). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Prohibits a public entity, or its contractors, from exposing minors to sexually explicit materials. 
2. Prohibits a facility or property owned, leased or managed by a public entity, or its contractors, 
to be used for filming or facilitating sexually explicit acts. 
3. Classifies a violation of the prohibition relating to sexually explicit materials or acts as a class 
5 felony. 
4. Defines sexually explicit materials as including textual, visual or audio materials or materials 
accessed via any other medium that depict any of the following: 
a) sexual conduct, defined as acts of masturbation, sexual intercourse or physical contact with 
a person's clothed or unclothed genitals, pubic area or buttock or the female breast; 
   FACT SHEET 
S.B. XXXX 
Page 2 
 
 
b) sexual excitement, defined as the condition of human male or female genitals when in a 
state of sexual stimulation or arousal; or 
c) ultimate sexual acts, defined as sexual intercourse, vaginal or anal, fellatio, cunnilingus, 
bestiality or sodomy. 
5. Becomes effective on the general effective date.  
Prepared by Senate Research 
February 2, 2024 
JT/MA/slp