BP BHEAD INT S

AN ACT Relating to use of public facilities and resources; adding a new section to chapter 42.23 RCW; adding a new section to chapter 42.52 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. A new section is added to chapter 42.23 RCW to read as follows:

(1) No municipal officer or employee may use or authorize the use of facilities or resources of a municipality, directly or indirectly, for the purpose of accessing material that is patently offensive. Knowing acquiescence by a person with authority to direct or control the actions of the officer or employee using public facilities or resources in violation of this section constitutes a violation of this section. Facilities of a municipality include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the municipality during working hours, vehicles, office space, and access to the internet or other electronic and telecommunications services.

(2) As used in this section, "patently offense material" means any matter or live performance:

(a) Which the average adult person, applying contemporary community standards, would find, when considered as a whole, appeals to the prurient interest; and

(b) Which explicitly depicts or describes, by prevailing standards in the adult community, patently offensive representations or descriptions of:

(i) Ultimate sexual acts, normal or perverted, actual or simulated; or

(ii) Masturbation, fellatio, cunnilingus, bestiality, excretory functions, lewd exhibition of the genitals or genital area, sexually explicit conduct, sexual excitement, or sexually explicit nudity; or

(iii) Sexual acts that are violent or destructive, including but not limited to human or animal mutilation, dismemberment, rape, or torture; and

(c) Which, when considered as a whole, and in the context in which it is used, lacks serious literary, artistic, political, or scientific value.

(3) Each violation of this section is a misdemeanor.

(4) This section does not apply to uses of facilities or resources for official law enforcement purposes and purposes related to the official obligations of an officer or employee.

NEW SECTION. Sec. 2. A new section is added to chapter 42.52 RCW to read as follows:

(1) No state officer or state employee may use or authorize the use of facilities or resources of an agency, directly or indirectly, for the purpose of accessing material that is patently offensive. Knowing acquiescence by a person with authority to direct or control the actions of the state officer or state employee using public facilities or resources in violation of this section constitutes a violation of this section. Facilities of an agency include, but are not limited to, use of stationery, postage, machines, and equipment, use of state employees of the agency during working hours, vehicles, office space, and access to the internet or other electronic and telecommunications services.