House of Representatives

HB 2289

harmful items to minors; internet

Sponsors: Hershberger, Brotherton, Voss, et al

DP	Committee on Energy Utilities & Technology
DP	Caucus and COW
X	As Transmitted To The Governor

Creates a new section of law that prohibits transmitting and sending items that are harmful to minors over the internet.

History

In 1970, the Arizona Legislature enacted 13-3506, to protect minors from harmful and obscene materials. In 2000, the Arizona Legislature amended the statue to include materials that might be distributed using the internet. The ACLU has challenged the current statue on the grounds that it limits access to information, and thus it is unconstitutional.

Provisions

· Removes from statue the language that deals with the transmitting and offering of items that are harmful to minors.

· Creates a new section in statue dealing with the transmitting and sending of items that are harmful to minors.

· Prohibits transmitting and sending of materials that are harmful to minors over the internet if the person has reason to believe that a minor in this state will receive the materials.

· Prohibits all persons residing in this state from transmitting or sending over the internet items that are harmful to minors when the person has reason to believe that the recipient is a minor.

· Stipulates that posting, reading or the viewing of materials is not an act of transmitting or sending.

· Outlines what constitutes as proof that a person should have known or had reason to believe that the recipient of the harmful materials could be a minor.

· Prohibits the defense from claiming that a violation did not take place when the recipient was a Peace Officer posing as a minor.

· States that a violation of this section is a class 4 felony.

---------- DOCUMENT FOOTER ---------

45th Legislature

First Regular Session 2 April 11, 2001

---------- DOCUMENT FOOTER ---------