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Arizona statute

A.R.S. § 8-309 — Unlawful use of an electronic communication device by a minor; classification; definitions

Current through 57th Legislature, 1st Regular Session (2025)

Part of Article 1: General Procedures for Delinquency and Incorrigibility Proceedings, Arizona Revised Statutes.

Criminal charges under this statute

Full text of A.R.S. § 8-309

Statutory text current through the 57th Legislature, 1st Regular Session (2025). This publication reproduces the official statutory text published by the Arizona Legislature (Arizona Legislative Council compilation, azleg.gov); it is not the official statutes of the State of Arizona.

A.R.S. § 8-309Primary source, current through the 57th Legislature, 1st Regular Session (2025)
A. It is unlawful for a juvenile to intentionally or knowingly use an electronic communication device to transmit or display a visual depiction of a minor that depicts explicit sexual material. B. It is unlawful for a juvenile to intentionally or knowingly possess a visual depiction of a minor that depicts explicit sexual material and that was transmitted to the juvenile through the use of an electronic communication device. C. It is not a violation of subsection B of this section if all of the following apply: 1. The juvenile did not solicit the visual depiction. 2. The juvenile took reasonable steps to destroy or eliminate the visual depiction or report the visual depiction to the juvenile's parent, guardian, school official or law enforcement official. D. A violation of subsection A of this section is a petty offense if the juvenile transmits or displays the visual depiction to one other person. A violation of subsection A of this section is a class 3 misdemeanor if the juvenile transmits or displays the visual depiction to more than one other person. E. A violation of subsection B of this section is a petty offense. F. Any violation of this section that occurs after adjudication for a prior violation of this section or after completion of a diversion program as a result of a referral or petition charging a violation of this section is a class 2 misdemeanor. G. For the purposes of this section: 1. "Electronic communication device" has the same meaning prescribed in section 13-3560. 2. "Explicit sexual material" means material that depicts human genitalia or that depicts nudity, sexual activity, sexual conduct, sexual excitement or sadomasochistic abuse as defined in section 13-3501. 3. "Visual depiction" has the same meaning prescribed in section 13-3551.

Official sources

Legal terms used in this section

Questions this section answers

Is unlawful use of an electronic communication device by a minor a felony or a misdemeanor in Arizona?

It depends on the circumstances: unlawful use of an electronic communication device by a minor ranges from a Petty Offense to a Class 2 Misdemeanor in Arizona under A.R.S. § 8-309.

Transmit or display explicit visual depiction — single recipient: Petty Offense (A.R.S. § 8-309D) · Transmit or display explicit visual depiction — multiple recipients: Class 3 Misdemeanor (A.R.S. § 8-309D) · Possession of explicit visual depiction: Petty Offense (A.R.S. § 8-309E) · Subsequent violation after prior adjudication or diversion: Class 2 Misdemeanor (A.R.S. § 8-309F)

Which Arizona statute covers unlawful use of an electronic communication device by a minor?

Unlawful use of an electronic communication device by a minor is governed by A.R.S. § 8-309 (Unlawful use of an electronic communication device by a minor; classification; definitions).

This reference is informational and is not legal advice.