Assigned to GOV FOR COMMITTEE ARIZONA STATE SENATE Fifty-Seventh Legislature, First Regular Session FACT SHEET FOR S.B. 1099 sexually explicit materials; government; prohibition Purpose Prohibits the state or 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 may be used only if: 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: 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 and acts as a class 5 felony. 4. Defines sexually explicit materials, sexual conduct, sexual excitement and ultimate sexual acts. 5. Becomes effective on the general effective date. Prepared by Senate Research January 24, 2025 AN/slp