(a) In furtherance of Section 8314 and except as provided in subdivision (b), it shall be unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to knowingly use a state-owned or state-leased computer to access, view, download, or otherwise obtain obscene matter.
(b) This section does not apply to accessing, viewing, downloading, or otherwise obtaining obscene matter for use consistent with legitimate law enforcement purposes, to permit a state agency to conduct an administrative disciplinary investigation, or for legitimate medical, scientific, academic, or legislative purposes, or for other legitimate state purposes.
Terms Used In California Government Code 8314.5
- State: means the State of California, unless applied to the different parts of the United States. See California Education Code 19427
- state agency: includes every state office, officer, department, division, bureau, board, and commission. See California Government Code 11000
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Education Code 19404
(c) “Obscene matter” as used in this section has the meaning specified in Section 311 of the Penal Code.
(d) “State-owned or state-leased computer” means a computer owned or leased by one of the following:
(1) A state agency, as defined by Section 11000, including the California State University.
(2) The University of California.
(3) The Legislature.
(e) This section shall not apply to the University of California unless and until the Regents of the University of California act, by resolution, to make it applicable.
(Added by Stats. 2006, Ch. 848, Sec. 1. Effective January 1, 2007.)