This bill proposes to amend section 13-2917 of the Arizona Revised Statutes, specifically updating the definition of what constitutes a public nuisance related to the sale or dissemination of obscene items. The current law identifies it as a public nuisance to sell or disseminate any item deemed obscene, but the bill clarifies this by explicitly inserting the term "obscene" before "item," thereby reinforcing the definition as outlined in section 13-3501. Additionally, it removes the phrase "which is obscene," streamlining the language for clarity.

Furthermore, the bill introduces a new provision that holds the attorney general liable for defamation per se if they initiate an action to abate a public nuisance without a reasonable basis. This insertion stipulates that if the court finds the action lacks sufficient legal or factual grounds, and the attorney general publicizes the filing, damages and actual malice are presumed. This addition aims to provide a safeguard against frivolous legal actions by the attorney general in such cases.

Statutes affected:
Introduced Version: 13-2917