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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Criminal Code
Chapter : OBSCENITY
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13-3501 Definitions
In this chapter, unless the context otherwise requires:
1. "Harmful to minors" means that quality of any description or representation, in
whatever form, of nudity, sexual activity, sexual conduct, sexual excitement, or
sadomasochistic abuse, when both:
(a) To the average adult applying contemporary state standards with respect to what
is suitable for minors, it both:
(i) Appeals to the prurient interest, when taken as a whole. In order for an item
as a whole to be found or intended to have an appeal to the prurient interest, it is not
necessary that the item be successful in arousing or exciting any particular form of
prurient interest either in the hypothetical average person, in a member of its intended
and probable recipient group or in the trier of fact.
(ii) Portrays the description or representation in a patently offensive way.
(b) Taken as a whole does not have serious literary, artistic, political, or
scientific value for minors.
2. "Item" means any material or performance which depicts or describes sexual
activity and includes any book, leaflet, pamphlet, magazine, booklet, picture, drawing,
photograph, film, negative, slide, motion picture, figure, object, article, novelty
device, recording, transcription, live or recorded telephone message or other similar
items whether tangible or intangible and including any performance, exhibition,
transmission or dissemination of any of the above. An item also includes a live
performance or exhibition which depicts sexual activity to the public or an audience of
one or more persons. An item is obscene within the meaning of this chapter when all of
the following apply:
(a) The average person, applying contemporary state standards, would find that the
item, taken as a whole, appeals to the prurient interest. In order for an item as a
whole to be found or intended to have an appeal to the prurient interest, it is not
necessary that the item be successful in arousing or exciting any particular form of
prurient interest either in the hypothetical average person, in a member of its intended
and probable recipient group or in the trier of fact.
(b) The average person, applying contemporary state standards, would find that the
item depicts or describes, in a patently offensive way, sexual activity as that term is
described in this section.
(c) The item, taken as a whole, lacks serious literary, artistic, political or
scientific value.
3. "Knowledge of the character" means having general knowledge or awareness, or
reason to know, or a belief or ground for belief which warrants further inspection or
inquiry of that which is reasonably susceptible to examination by the defendant both:
(a) That the item contains, depicts or describes nudity, sexual activity, sexual
conduct, sexual excitement or sadomasochistic abuse, whichever is applicable, whether or
not there is actual knowledge of the specific contents thereof. This knowledge can be
proven by direct or circumstantial evidence, or both.
(b) If relevant to a prosecution for violating section 13-3506, 13-3506.01 or
13-3507, the age of the minor, provided that an honest mistake shall constitute an excuse
from liability under this chapter if the defendant made a reasonable bona fide attempt to
ascertain the true age of such minor.
4. "Nudity" means the showing of the human male or female genitals, pubic area or
buttocks with less than a full opaque covering, or the showing of the female breast with
less than a fully opaque covering of any portion thereof below the top of the nipple, or
the depiction of covered male genitals in a discernibly turgid state.
5. "Sadomasochistic abuse" means flagellation or torture by or upon a person clad
in undergarments, a mask or bizarre costume, or the condition of being fettered, bound or
otherwise physically restrained on the part of one so clothed, for the purpose or in the
context of sexual gratification or abuse.
6. "Sexual activity" means:
(a) Patently offensive representations or descriptions of ultimate sexual acts,
normal or perverted, actual or simulated.
(b) Patently offensive representations or descriptions of masturbation, excretory
functions, sadomasochistic abuse and lewd exhibition of the genitals.
7. "Sexual conduct" means acts of masturbation, homosexuality, sexual intercourse,
or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks
or, if such person is a female, breast.
8. "Sexual excitement" means the condition of human male or female genitals when in
a state of sexual stimulation or arousal.
9. "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 which gives the appearance of consummation of ultimate sexual acts.
13-3502 Production, publication, sale, possession and presentation of obscene items; classification
A person is guilty of a class 5 felony who, with knowledge of the character of the
item involved, knowingly:
1. Prints, copies, manufactures, prepares, produces, or reproduces any obscene item
for purposes of sale or commercial distribution.
2. Publishes, sells, rents, lends, transports or transmits in intrastate commerce,
imports, sends or causes to be sent into this state for sale or commercial distribution
or commercially distributes or exhibits any obscene item, or offers to do any such
things.
3. Has in his possession with intent to sell, rent, lend, transport, or
commercially distribute any obscene item.
4. Presents or participates in presenting the live, recorded or exhibited
performance of any obscene item to the public or an audience for consideration or
commercial purpose.
13-3503 Seizure of obscene things; disposition
An obscene or indecent writing, paper, book, picture, print or figure found in
possession, or under control of a person arrested therefor, shall be delivered to the
magistrate before whom the person arrested is required to be taken, and if the magistrate
finds it is obscene or indecent, he shall deliver one copy to the county attorney of the
county in which the accused is liable to prosecution, and at once destroy all other
copies. The copy delivered to the county attorney shall be destroyed upon conviction of
the accused.
13-3504 Coercing acceptance of obscene articles or publications; classification
A. No person, firm, association or corporation shall, as a condition to any sale,
allocation, consignment or delivery for resale of any paper, magazine, book, periodical
or publication require that the purchaser or consignee receive for resale any other item,
article, book, or other publication which is obscene. No person, firm, association or
corporation shall deny or threaten to deny any franchise or impose or threaten to impose
any penalty, financial or otherwise, by reason of the failure or refusal of any person to
accept such items, articles, books, or publications, or by reason of the return thereof.
B. A violation of any provision of subsection A is a class 5 felony.
13-3505 Obscene prints and articles; jurisdiction
A. The superior court has jurisdiction to enjoin the sale or distribution of
obscene prints and articles, as described in subsection B of this section.
B. The county attorney of any county or the city attorney of any city in which a
person, firm, association or corporation publishes, sells or distributes or is about to
sell or distribute or has in his possession with intent to sell or distribute or is about
to acquire possession with intent to sell or distribute any book, magazine, pamphlet,
comic book, story paper, writing, paper, picture, drawing, photograph, figure, image or
any written or printed matter of an indecent character, which is obscene, lewd,
lascivious, filthy, indecent or disgusting, or which contains an article or instrument of
indecent or immoral use or purports to be for indecent or immoral use or purpose, or in
any other respect defined in section 13-3501, may maintain an action on behalf of such
county or city for an injunction against such person, firm, association or corporation in
the superior court to prevent the sale or further sale or the distribution or further
distribution of the acquisition, publication or possession within the state of any book,
magazine, pamphlet, comic book, story paper, writing, paper, picture, drawing,
photographed figure or image or any written or printed matter of an indecent character,
described in this subsection or in section 13-3501.
C. The person, firm, association or corporation sought to be enjoined shall be
entitled to a trial of the issues within ten days after joinder of issue and a decision
shall be rendered by the court within ten days of the conclusion of the trial.
D. If a final order or judgment of injunction is entered against the person, firm,
association or corporation sought to be enjoined, such final order of judgment shall
contain a provision directing the person, firm, association or corporation to surrender
to the sheriff of the county in which the action was brought any of the matter described
in subsection B of this section and such sheriff shall be directed to seize and destroy
such obscene prints and articles.
E. In any action brought as provided in this section, such county attorney or city
attorney bringing the action shall not be required to file any undertaking before the
issuance of an injunction order provided for in subsection C of this section.
F. The sheriff directed to seize and destroy such obscene prints and articles shall
not be liable for damages sustained by reason of the injunction order in cases where
judgment is rendered in favor of the person, firm, association or corporation sought to
be enjoined.
G. Every person, firm, association or corporation who sells, distributes, or
acquires possession with intent to sell or distribute any of the matter described in
subsection B of this section, after the service upon him of a summons and complaint in an
action brought pursuant to this section is chargeable with knowledge of the contents
thereof.
13-3506.01 Furnishing harmful items to minors; internet activity; classification; definitions
A. It is unlawful for any person, with knowledge of the character of the item
involved, to 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 in this state will receive the item.
B. This section does not apply to:
1. Posting material on an internet web site, bulletin board or newsgroup.
2. Sending material via a mailing list or listserv that is not administered by the
sender. For the purposes of this paragraph, "mailing list" or "listserv" means a method
of internet communication where a message is sent to an internet address and then is
retransmitted to one or more subscribers to the mailing list or listserv.
C. It is not a defense to a prosecution for a violation of this section that the
recipient of the transmission was a peace officer posing as a minor.
D. A violation of this section is a class 4 felony.
E. The failure to report a violation of this section is a class 6 felony as
prescribed by section 13-3620.
F. For the purposes of this section:
1. "Internet" means the combination of computer facilities and electromagnetic
transmission media, and related equipment and software, comprising the interconnected
worldwide network of computer networks that employ the transmission control protocol or
internet protocol or any successor protocol to transmit information.
2. "Internet web site" means a location where material placed in a computer
server-based file archive is publicly accessible, over the internet, using hypertext
transfer protocol or any successor protocol.
13-3506 Furnishing harmful items to minors; applicability; classification
A. It is unlawful for any person, with knowledge of the character of the item
involved, to recklessly furnish, present, provide, make available, give, lend, show,
advertise or distribute to minors any item that is harmful to minors.
B. This section does not apply to the transmission or sending of items over the
internet.
C. A violation of this section is a class 4 felony.
13-3507 Public display of explicit sexual materials; classification; definitions
A. It is unlawful for any person knowingly to place explicit sexual material upon
public display, or knowingly to fail to take prompt action to remove such a display from
property in his possession or under his control after learning of its existence.
B. A person who violates any provision of this section is guilty of a class 6
felony.
C. For the purposes of this section:
1. "Explicit sexual material" means any drawing, photograph, film negative, motion
picture, figure, object, novelty device, recording, transcription or any book, leaflet,
pamphlet, magazine, booklet or other item, the cover or contents of which depicts human
genitalia or depicts or verbally describes nudity, sexual activity, sexual conduct,
sexual excitement or sadomasochistic abuse in a way which is harmful to minors. Explicit
sexual material does not include any depiction or description which, taken in context,
possesses serious educational value for minors or which possesses serious literary,
artistic, political or scientific value.
2. "Public display" means the placing of material on or in a billboard, viewing
screen, theater marquee, newsstand, display rack, vending machine, window, showcase,
display case or similar place so that material within the definition of paragraph 1 of
this subsection is easily visible or readily accessible from a public thoroughfare, from
the property of others, or in any place where minors are invited as part of the general
public.
13-3509 Duty to report; classification
A. A person who is asked to record, film, photograph, develop or duplicate any
visual or print medium depicting sexual activity, whether or not the person would be
compensated, shall immediately report, or cause a report to be made of, such request to a
municipal or county peace officer. The report shall include the name or names of the
person, persons or business making the request, if known, and shall describe what was
requested.
B. A person who knowingly violates this section is guilty of a class 6 felony.
13-3510 Evidence of obscenity
A. Expert testimony or other ancillary evidence is not required to determine
obscenity if the allegedly obscene item has been placed in evidence. The item itself is
the best evidence of what it represents.
B. If a person relied upon a rating given to a film or motion picture by the motion
picture association of America or an equivalent rating association, the rating and
evidence concerning the person's reliance on such rating shall be admissible in evidence
in a trial for violation of this article.
13-3511 Exemption; broadcasts and telecasts
The provisions of this chapter shall not apply to broadcasts or telecasts through
facilities licensed under the federal communications act or title 9, chapter 5, article
1.1.
13-3512 Obscene or indecent telephone communications to minors for commercial purposes; violation; classification
A. It is unlawful for any person to knowingly make by means of a telephone,
directly or by a recording device, any obscene or indecent communication for commercial
purposes to any person who is under the age of eighteen years. The communication is
unlawful regardless of whether the maker of the communication placed the call.
B. A person who violates this section is guilty of a class 4 felony.
13-3513 Sale or distribution of material harmful to minors through vending machines; classification
A. It is unlawful for any person to knowingly display, sell or offer to sell in any
coin-operated or slug-operated vending machine or mechanically or electronically
controlled vending machine that is located in a public place, other than a public place
from which minors are excluded, any material that is harmful to minors as defined in
section 13-3501.
B. It is a defense in any prosecution for a violation of subsection A that the
defendant has taken reasonable steps to ascertain that the person is eighteen years of
age or older and has taken either of the following measures to restrict access to the
material that is harmful to minors:
1. Required the person receiving the material that is harmful to minors to use an
authorized access or identification card to use the vending machine and has established a
procedure to immediately cancel the card of any person after receiving notice that the
card has been lost, stolen or used by persons under eighteen years of age or that the
card is no longer desired.
2. Required the person receiving the material that is harmful to minors to use a
token in order to use the vending machine.
C. A person who violates this section is guilty of a class 6 felony.
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