Collection development objectives
Collection maintenance objectives
Periodic review and update
Selection responsibility and criteria
Collection levels - Scope of collections
Definition of selection levels
Subject fields collected
Other types of materials
Archival and special collections
Collection Development Policy:
Libraries are keepers of
and gateways to knowledge. Within that framework, collection
development and management of materials by professional staff
includes: selection of materials and electronic resources, both
current and retrospective, as well as the organization, storage,
maintenance, preservation and replacement of the collection; and
the deselection of obsolete, dated, worn and superseded materials.
The role of library staff is to assist and instruct the public in
the retrieval of print, microform, and electronic resources, and
to develop and adapt new electronic delivery systems within
existing City of Flagstaff staffing and budget constraints.
While the library strives to make available materials in
support of student research needs, the library does not support
the specific curricula of local educational institutions.
Library staff, while professional, are not qualified to and may
not interpret medical or legal information to the public.
When appropriate and cost effective, the library adds new
proven formats, integrating the old with the new, ultimately
eliminating the obsolete.
Intellectual freedom is one of the fundamental principles of a
democratic society and as such will be protected by the Library
and staff. The Library supports individual access rights of
adults and youth, to books and other library resources and
services, as expressed in the American Library Association's
Library Bill of Rights,* The Freedom
to Read,* the Freedom to View,*
and the Policy on Confidentiality of Library Records,*
as well as the Intellectual Freedom Manual for Arizona
Libraries.* The library also supports
American Library Association policies in regard to an
interpretation of the Library Bill of Rights, as related to the
Intellectual Freedom Statement, Challenged Materials.*
(* See: Appendices)
No member of the community will be denied access to materials
or information based on age, race, background, or personal
views, with the exception of R-rated videos and DVDs to minors.
Because parents and guardians are responsible for their child's
use of materials, they are encouraged to assist their minors in
choosing appropriate materials and information. Patrons are
encouraged to use all levels of the collection appropriate to
their needs. In addition, members of the community will not be
denied access to any materials or information deemed
objectionable by another member or group in the community. A
formal review process may be pursued by anyone seeking to
challenge the ownership of any materials held by the library. (See Appendices)
Within the context of public access for all, the Library makes
every effort to comply with national, state, and local
information access laws.
The Library will not disclose any information regarding patron
records without a court order or other criteria, as required by
Arizona State Law, ARS 41-1354. This is a legal right of privacy
The Library makes every effort to comply with national
copyright laws (Title 17, U.S. code) and guidelines designed for
the protection of authors and publishers. Notices about the use
of copyrighted materials are placed on or near copy machines and
Internet terminals to remind users of legal restrictions.
The Library also makes every effort to comply with national and
state laws and guidelines in relation to use of the Internet in
a public place. Electronic resources may only be used for legal
purposes; per federal order (FCC 03-188), filtering software is
applied to all PC's. Public display of obscene materials on the
Internet and gambling on the Internet are prohibited.
(Children's Internet Protection Act, Pub. L. 106-554, ARS
section 13-3501-3512, ARS section 34-501 and 502, ARS section
13-3304, FCC 6-01-001-0012 See: Appendices). Notices regarding
the law and library policy are posted near Internet terminals.
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COLLECTION DEVELOPMENT OBJECTIVES of the library include:
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- materials that meet general patrons' interests and needs in
a timely manner;
- materials that promote literacy in adults and children;
- a broadly based and diverse collection that can support the
role of the Library as a popular source of materials and an
independent learning center for the general public;
- materials that provide a balance of viewpoints on all
subjects in the collection;
- current materials proportionate to levels of demand and use;
- electronic resources that are accessible, useful, equitable
- avoidance of duplication of resources that are available in
other local libraries and fit within the mission of that
- participation in cooperative programs concerning collection
development of shared resources within the state of Arizona.
COLLECTION MAINTENANCE OBJECTIVES
Collection maintenance entails making decisions about the
purchase of new materials and particular items that need to be
replaced, added, deselected, or reassigned. This includes the
addition of popular materials into subject areas where demand is
high. Collections should allow for better and quicker accuracy
in retrieval of current materials either in print or electronic
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De-selection is one of the best tools available for improving
the quality of library collections. Materials should be
deselected from the collection when they no longer meet the
original criteria for adding them to the collection. Examples of
this include materials that are dated or have inaccurate
information, superseded editions, duplicates that are no longer
needed, classic titles that need to be replaced, items that are
damaged or seriously worn. Such items complicate space
constrictions and storage costs, prevent the speed of access to
accurate and current information, or remain on the shelves
De-selection and collection maintenance practices will be used
as suggested by current library guidelines, using the judgement
of professional staff to adapt them to local needs. Deselected
materials will be sold through The Friends of the Library book
sale, saved as backup copies, offered to other libraries if
deemed appropriate, or recycled.
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PERIODIC REVIEW AND UPDATE
The Collection Development and Management Policy will be
reviewed yearly for changes and updated on an as needs basis.
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SELECTION RESPONSIBILITY AND CRITERIA
The responsibility for administering the Library Collection
Development and Maintenance Policy lies with the director. The
director and staff are responsible for selecting materials for
purchase, with high priority given to suggestions from the
public. Most items are chosen based upon professional reviewing
sources such as Booklist,
Library Journal, as well as popular book lists and awards.
When choices exist, selection is based on readability, clarity,
appeal, and cost. Each title must be considered for its value,
its format, and the audience for which it is intended. No single
criterion is applicable to all purchase and access decisions.
Some resources may be judged primarily for their artistic merit,
scholarship, or value to humanity; others are chosen to satisfy
the informational, recreational, or educational interests of the
community, or for price affordability. Available budgets also
Selection criteria are essentially the same for all
collections. The youth collection focuses on materials
appropriate for infants through sixteen year-olds, and is
selected in response to the needs and interests of young people,
recognizing their diverse tastes, backgrounds, abilities, and
potentials, as well as reading levels.
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COLLECTION LEVELS - SCOPE OF COLLECTIONS
The collection as a whole is designed for the general
population in the community, with consideration given to local
ethnic populations and those with special needs. Both adult and
youth collections are maintained at essentially the same levels.
Reference materials may be purchased on a less frequent basis
using a rotating schedule of standing orders. Books and media
are purchased on a monthly basis for circulating materials. The
acquisitions budget is divided among various categories based
upon usage patterns and demand.
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DEFINITION OF SELECTION LEVELS
- Materials of limited demand or availability, selected for
- Basic Level Overview of a subject, adequate to meet general
needs, or may be introductory in some instances.
- Frequently requested subjects or locally popular fiction
authors, may be best sellers, may be of transitory value for
less than 5 years.
- Materials in sufficient depth to allow for independent study
by the general public.
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- Most materials published on a given subject.
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SUBJECT FIELDS COLLECTED
|Library and Information Science
|Organizations & Museums
|Philosophy & Related Disciplines: 100-299
|Social Sciences: 300-399
|Sociology & anthropology
|Commerce, communication, transportation
|Customs, etiquette, folklore (Juvenile is extended
|Dictionaries and grammar of various languages
|Natural Sciences and Mathematics: 500-599
|(Juvenile are extended levels wherever
|Chemistry & Minerals
|Paleontology & Paleozoology
|Technology & Applied Sciences: 600-699
|Medical Sciences & Health
|Animal Husbandry & Pets
|The Arts: 700-799
|Sculpture & Ceramics
|Drawing & Decorative Arts
|Painting and Paintings
|Photography & Photographs
|Literature and Rhetoric: 800-899
|Satire and Humor
|Classic American Literature
|Classic Literature from other countries
|Geography and History: 900-999 (Juvenile is extended
levels wherever possible)
|Geography and travel
|United States - general
|United States - western region
|History of ancient world
|General history of Europe
|General history of Asia
|General history of Africa
|General history of North America
|Mexico, Canada, other areas
|General history of South America
|General history of other areas
|General history of the U.S.
|General history of U.S. Civil War
|General history of WWI
|General history of WWII
|General history of Korean War
|General history of Vietnam War
|Federal Government Documents
|primarily distributed documents pertaining
to regional environmental concerns produced by the U.S.
Forest Service, BLM, and USGS.
|State of Arizona Government Documents
|primarily distributed documents pertaining
to northern Arizona.
|City of Flagstaff/Coconino County Documents
|primarily distributed documents
|primarily local area topographic
|Foreign Language Materials
|Navajo (little is published)
|Other languages (low demand and limited
availability of appropriate materials limit purchases)
|Science-Fiction & Fantasy
|Youth Collection fiction for juveniles, same as above
|Baby board books
OTHER TYPES OF MATERIALS
As new formats become available, they will be evaluated for
inclusion in the collection.
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|Large Type Books
|Videos & DVDs
|(As materials become available in this
format, decisions will be made based on need,
affordability and cost effectiveness, ease of use, and for
archival considerations. Electronic resources may not
necessarily be purchased to replace print materials, but
to augment available choices.)
The reference collection supports general research needs of the
community in a variety of formats, including print, microform,
and electronic resources. Many titles are intended for use as
backup information when the public borrows circulating
materials. Budget and space constraints prohibit the purchase of
all materials on a yearly basis. These items do not circulate,
but are available to the public when the Library is open.
This collection includes several independent sub-collections:
General Reference works in Adult and Youth Services
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- Business collection
- Foundation Grants collection
- Arizona non-circulating collection in Adult and Youth
- Genealogy collection
- Local Topographical maps
- Arizona Daily Sun & Arizona Republic (may include
microfilm, CD-ROMs, or electronic resources, depending on
availability and access)
ARCHIVAL AND SPECIAL COLLECTIONS
At this time the library is not actively collecting materials
to place in this collection. The Library has never been
designated as the official City of Flagstaff Archive, but it has
a collection of City of Flagstaff records dating back to the
late 1800's. These records are not comprehensive but serve as a
sampling of primary documents from various city departments.
There is an inventory of materials in outline format. The
materials are available by appointment to researchers for
in-house use. Other materials include Library records and
history, archival copies of oral history projects, maps, plans,
and other items that need to be kept in a controlled climate. As
time permits, these materials will be cataloged and included in
the Library OPAC. Selected materials currently in the public
non-circulating Arizona collection may be moved into this
climate controlled area because of their age, condition, rarity,
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Subject fields and formats that are excluded for purchase are:
those more appropriately provided by other libraries in the
Items excluded are:
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- Highly technical and specialized research materials normally
purchased by a university library;
- Rare books, except for affordable books about northern
- General textbooks, except when they provide the best or only
treatment of a needed subject;
- Any item that will not withstand repeated public use;
- Expensive media or formats no longer collected;
- Art works and other realia;
- Most out-of-print materials;
- Books seldom used and that are available via interlibrary
Donations are welcomed for the following materials:
- Arizona/Southwest titles;
- Current books (copyright within last 5 years and fits within
scope of collection);
- Current magazines (within 2 years and fits within scope of
- Classic titles considered within the scope of a public
The Library will not accept the following:
- Academic or curriculum type of materials;
- Out-dated computer manuals (over 2 years old).
Donations become the property of the Library and may be
accepted, rejected, or given to the Friends of the Library for
book sale purposes.
(See Appendices for Policy)
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Appendices to the Collection Development Policy
Library Bill of Rights
The Freedom to Read statement
52. Services and responsibilities of libraries : 52.4
Confidentiality of Library Records
Arizona Revised Statutes 5/02
Library Bill of Rights
The American Library Association affirms that all libraries are
forums for information and ideas, and that the following basic
policies should guide their services.
I. Books and other library resources should be provided for the
interest, information, and enlightenment of all people of the
community the library serves. Materials should not be excluded
because of the origin, background, or views of those
contributing to their creation.
II. Libraries should provide materials and information
presenting all points of view on current and historical issues.
Materials should not be proscribed or removed because of
partisan or doctrinal disapproval.
III. Libraries should challenge censorship in the fulfillment of
their responsibility to provide information and enlightenment.
IV. Libraries should cooperate with all persons and groups
concerned with resisting abridgment of free expression and free
access to ideas.
V. A person's right to use a library should not be denied or
abridged because of origin, age, background, or views.
VI. Libraries which make exhibit spaces and meeting rooms
available to the public they serve should make such facilities
available on an equitable basis, regardless of the beliefs or
affiliations of individuals or groups requesting their use.
Adopted June 18, 1948.
Amended February 2, 1961, and January 23, 1980,
inclusion of "age" reaffirmed January 23, 1996,
by the ALA Council.
The Freedom to Read
The freedom to read is essential to our democracy. It is
continuously under attack. Private groups and public authorities
in various parts of the country are working to remove or limit
access to reading materials, to censor content in schools, to
label "controversial" views, to distribute lists of
"objectionable" books or authors, and to purge libraries. These
actions apparently rise from a view that our national tradition
of free expression is no longer valid; that censorship and
suppression are needed to avoid the subversion of politics and
the corruption of morals. We, as citizens devoted to reading and
as librarians and publishers responsible for disseminating
ideas, wish to assert the public interest in the preservation of
the freedom to read.
Most attempts at suppression rest on a denial of the
fundamental premise of democracy: that the ordinary citizen, by
exercising critical judgment, will accept the good and reject
the bad. The censors, public and private, assume that they
should determine what is good and what is bad for their fellow
We trust Americans to recognize propaganda and misinformation,
and to make their own decisions about what they read and
believe. We do not believe they need the help of censors to
assist them in this task. We do not believe they are prepared to
sacrifice their heritage of a free press in order to be
"protected" against what others think may be bad for them. We
believe they still favor free enterprise in ideas and
expression. These efforts at suppression are related to a larger
pattern of pressures being brought against education, the press,
art and images, films, broadcast media, and the Internet. The
problem is not only one of actual censorship. The shadow of fear
cast by these pressures leads, we suspect, to an even larger
voluntary curtailment of expression by those who seek to avoid
Such pressure toward conformity is perhaps natural to a time of
accelerated change. And yet suppression is never more dangerous
than in such a time of social tension. Freedom has given the
United States the elasticity to endure strain. Freedom keeps
open the path of novel and creative solutions, and enables
change to come by choice. Every silencing of a heresy, every
enforcement of an orthodoxy, diminishes the toughness and
resilience of our society and leaves it the less able to deal
with controversy and difference.
Now as always in our history, reading is among our greatest
freedoms. The freedom to read and write is almost the only means
for making generally available ideas or manners of expression
that can initially command only a small audience. The written
word is the natural medium for the new idea and the untried
voice from which come the original contributions to social
growth. It is essential to the extended discussion that serious
thought requires, and to the accumulation of knowledge and ideas
into organized collections.
We believe that free communication is essential to the
preservation of a free society and a creative culture. We
believe that these pressures toward conformity present the
danger of limiting the range and variety of inquiry and
expression on which our democracy and our culture depend. We
believe that every American community must jealously guard the
freedom to publish and to circulate, in order to preserve its
own freedom to read. We believe that publishers and librarians
have a profound responsibility to give validity to that freedom
to read by making it possible for the readers to choose freely
from a variety of offerings. The freedom to read is guaranteed
by the Constitution. Those with faith in free people will stand
firm on these constitutional guarantees of essential rights and
will exercise the responsibilities that accompany these rights.
We therefore affirm these propositions:
1. It is in the public interest for publishers and librarians to
make available the widest diversity of views and expressions,
including those that are unorthodox or unpopular with the
majority. Creative thought is by definition new, and what is new
is different. The bearer of every new thought is a rebel until
that idea is refined and tested. Totalitarian systems attempt to
maintain themselves in power by the ruthless suppression of any
concept that challenges the established orthodoxy. The power of a
democratic system to adapt to change is vastly strengthened by the
freedom of its citizens to choose widely from among conflicting
opinions offered freely to them. To stifle every nonconformist
idea at birth would mark the end of the democratic process.
Furthermore, only through the constant activity of weighing and
selecting can the democratic mind attain the strength demanded by
times like these. We need to know not only what we believe but why
we believe it.
2. Publishers, librarians, and booksellers do not need to
endorse every idea or presentation they make available. It would
conflict with the public interest for them to establish their
own political, moral, or aesthetic views as a standard for
determining what should be published or circulated. Publishers
and librarians serve the educational process by helping to make
available knowledge and ideas required for the growth of the
mind and the increase of learning. They do not foster education
by imposing as mentors the patterns of their own thought. The
people should have the freedom to read and consider a broader
range of ideas than those that may be held by any single
librarian or publisher or government or church. It is wrong that
what one can read should be confined to what another thinks
3. It is contrary to the public interest for publishers or
librarians to bar access to writings on the basis of the
personal history or political affiliations of the author. No art
or literature can flourish if it is to be measured by the
political views or private lives of its creators. No society of
free people can flourish that draws up lists of writers to whom
it will not listen, whatever they may have to say.
4. There is no place in our society for efforts to coerce the
taste of others, to confine adults to the reading matter deemed
suitable for adolescents, or to inhibit the efforts of writers
to achieve artistic expression. To some, much of modern
expression is shocking. But is not much of life itself shocking?
We cut off literature at the source if we prevent writers from
dealing with the stuff of life. Parents and teachers have a
responsibility to prepare the young to meet the diversity of
experiences in life to which they will be exposed, as they have
a responsibility to help them learn to think critically for
themselves. These are affirmative responsibilities, not to be
discharged simply by preventing them from reading works for
which they are not yet prepared. In these matters values differ,
and values cannot be legislated; nor can machinery be devised
that will suit the demands of one group without limiting the
freedom of others.
5. It is not in the public interest to force a reader to accept
with any expression the prejudgment of a label characterizing it
or its author as subversive or dangerous. The ideal of labeling
presupposes the existence of individuals or groups with wisdom
to determine by authority what is good or bad for the citizen.
It presupposes that individuals must be directed in making up
their minds about the ideas they examine. But Americans do not
need others to do their thinking for them.
6. It is the responsibility of publishers and librarians, as
guardians of the people's freedom to read, to contest
encroachments upon that freedom by individuals or groups seeking
to impose their own standards or tastes upon the community at
large. It is inevitable in the give and take of the democratic
process that the political, the moral, or the aesthetic concepts
of an individual or group will occasionally collide with those
of another individual or group. In a free society individuals
are free to determine for themselves what they wish to read, and
each group is free to determine what it will recommend to its
freely associated members. But no group has the right to take
the law into its own hands, and to impose its own concept of
politics or morality upon other members of a democratic society.
Freedom is no freedom if it is accorded only to the accepted and
7. It is the responsibility of publishers and librarians to
give full meaning to the freedom to read by providing books that
enrich the quality and diversity of thought and expression. By
the exercise of this affirmative responsibility, they can
demonstrate that the answer to a "bad" book is a good one, the
answer to a "bad" idea is a good one. The freedom to read is of
little consequence when the reader cannot obtain matter fit for
that reader's purpose. What is needed is not only the absence of
restraint, but the positive provision of opportunity for the
people to read the best that has been thought and said. Books
are the major channel by which the intellectual inheritance is
handed down, and the principal means of its testing and growth.
The defense of the freedom to read requires of all publishers
and librarians the utmost of their faculties, and deserves of
all citizens the fullest of their support. We state these
propositions neither lightly nor as easy generalizations. We
here stake out a lofty claim for the value of the written word.
We do so because we believe that it is possessed of enormous
variety and usefulness, worthy of cherishing and keeping free.
We realize that the application of these propositions may mean
the dissemination of ideas and manners of expression that are
repugnant to many persons. We do not state these propositions in
the comfortable belief that what people read is unimportant. We
believe rather that what people read is deeply important; that
ideas can be dangerous; but that the suppression of ideas is
fatal to a democratic society. Freedom itself is a dangerous way
of life, but it is ours.
This statement was originally issued in May of 1953 by the
Westchester Conference of the American Library Association and
the American Book Publishers Council, which in 1970 consolidated
with the American Educational Publishers Institute to become the
Association of American Publishers.
Adopted June 25, 1953; revised January 28, 1972, January 16,
1991, July 12, 2000, by the ALA Council and the AAP Freedom to
52. SERVICES AND RESPONSIBILITIES OF LIBRARIES
52.4 Confidentiality of Library Records
The ethical responsibilities of librarians, as well as
statutes in most states and the District of Columbia, protect
the privacy of library users. Confidentiality extends to
"information sought or received, and materials consulted,
borrowed, acquired," and includes database search records,
reference interviews, circulation records, interlibrary loan
records, and other personally identifiable uses of library
materials, facilities, or services.
The American Library Association recognizes that law
enforcement agencies and officers may occasionally believe that
library records contain information which may be helpful to the
investigation of criminal activity. If there is a reasonable
basis to believe such records are necessary to the progress of
an investigation or prosecution, the American judicial system
provides the mechanism for seeking release of such confidential
records: the issuance of a court order, following a showing of
good cause based on specific facts, by a court of competent
The American Library Association strongly recommends that the
responsible officers of each library, cooperative system, and
consortium in the United States:
1) Formally adopt a policy which specifically recognizes its
circulation records and other records identifying the names of
library users with specific materials to be confidential.
2) Advise all librarians and library employees that such records
shall not be made available to any agency of state, federal, or
local government except pursuant to such process, order, or
subpoena as may be authorized under the authority of, and pursuant
to, federal, state, or local law relating to civil, criminal, or
administrative discovery procedures or legislative investigatory
3) Resist the issuance or enforcement of any such process,
order, or subpoena until such time as a proper showing of good
cause has been made in a court of competent jurisdiction.
An Interpretation of the Library Bill of Rights
The American Library Association declares as a matter of firm
principle that it is the responsibility of every library to have
a clearly defined materials selection policy in written form
which reflects the Library Bill of Rights, and which is approved
by the appropriate governing authority. Challenged materials
which meet the criteria for selection in the materials selection
policy of the library should not be removed under any legal or
extra-legal pressure. The Library Bill of Rights states in
Article I that "Materials should not be excluded because of the
origin, background, or views of those contributing to their
creation," and in Article II, that "Materials should not be
proscribed or removed because of partisan or doctrinal
disapproval." Freedom of expression is protected by the
Constitution of the United States, but constitutionally
protected expression is often separated from unprotected
expression only by a dim and uncertain line. The Constitution
requires a procedure designed to focus searchingly on challenged
expression before it can be suppressed. An adversary hearing is
a part of this procedure. Therefore, any attempt, be it legal or
extra-legal, to regulate or suppress materials in libraries must
be closely scrutinized to the end that protected expression is
Adopted June 25, 1971; amended July 1, 1981; amended January
10, 1990, by the ALA Council.
ARIZONA REVISED STATUTES 5/02
HARMFUL TO MINORS
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,
(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
(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
(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
(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
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
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
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
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. Furnishing harmful items to minors; applicability;
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.
13-3506.01. Furnishing harmful items to minors; internet
A. It is unlawful for any person, with knowledge of the
character of the item involved, to intentionally or knowingly
transmit or send over the internet an item to a minor that is
harmful to minors when the person has knowledge or reason to
know at the time of the transmission that a minor in this state
will receive the item.
B. It is unlawful for any person in this state, with knowledge
of the character of the item involved, to intentionally or
knowingly transmit or send over the internet an item to a minor
that is harmful to minors when the person has knowledge or
reason to know at the time of the transmission that a minor will
receive the item.
C. Posting material on an internet web site does not constitute
the act of transmitting or sending an item over the internet.
D. In an action for a violation of this section, proof of any
of the following may give rise to an inference that the person
knew or should have known that the recipient of a transmission
was a minor:
1. The name, account, profile, web page or address of the
recipient contained indicia that the recipient is a minor.
2. The recipient or another person previously notified the
person by any reasonable means that the recipient is a minor.
3. The recipient's electronic mail or web page contains indicia
that the address or domain name is the property of, or that the
visual depiction ultimately will be stored at, a school as
defined in section 13-609.
E. 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.
F. A violation of this section is a class 4 felony. 13-3507.
Public display of explicit sexual materials; classification;
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
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
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. 34-501. Definitions
In this article, unless the context otherwise requires:
1. "Harmful to minors" has the same meaning as prescribed in
section 13-3501, paragraph 1.
2. "Public access computer" means a computer that:
(a) Is located in a public school or public library.
(b) Is frequently or regularly used directly by a minor.
(c) Is connected to any computer communication system.
34-502. Computer access; harmful to minors
A. A public school that provides a public access computer shall
equip the computer with software that seeks to prevent minors
from gaining access to material that is harmful to minors or
purchase internet connectivity from an internet service provider
that provides filter services to limit access to material that
is harmful to minors. Standards and rules for the enforcement of
this subsection shall be prescribed by the governing board of
every school district.
B. A public library that provides a public access computer
shall do one or both of the following:
1. Equip the computer with software that will limit minors'
ability to gain access to material that is harmful to minors or
purchase internet connectivity from an internet service provider
that provides filter services to limit access to material that
is harmful to minors.
2. Develop and implement by January 1, 2000, a policy that
establishes measures to restrict minors from gaining computer
access to material that is harmful to minors.
C. Rules for the enforcement of subsection B shall be adopted
by the director of the Arizona state library, archives and
D. A public school that complies with subsection A or a public
library that complies with subsection B shall not be criminally
liable or liable for any damages that might arise from a minor
gaining access to material that is harmful to minors through the
use of a public access computer that is owned or controlled by
the public school or public library.
13-3304. Benefiting from gambling; classification
A. Except for amusement or regulated gambling, a person commits
benefiting from gambling if he knowingly obtains any benefit
B. Benefiting from social gambling as a player is not unlawful
under this section.
C. Benefiting from gambling is a class 1 misdemeanor.
41-1354. Privacy of user records; exceptions; violation;
A. Except as provided in subsection B, a library or library
system supported by public monies shall not allow disclosure of
any record or other information which identifies a user of
library services as requesting or obtaining specific materials
or services or as otherwise using the library.
B. Records may be disclosed:
1. If necessary for the reasonable operation of the library.
2. On written consent of the user.
3. On receipt of a court order.
4. If required by law.
C. Any person who knowingly discloses any record or other
information in violation of this section is guilty of a class 3
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Last updated on January 23, 2006