ARS § 38-448 - State Employees,
Access to Internet Pornography Prohibited;
Cause for Dismissal; Definitions

A. Except to the extent required in conjunction with a bona fide, agency approved research project or other agency approved undertaking, an employee of an agency shall not knowingly use agency owned or agency leased computer equipment to access, download, print or store any information infrastructure files or services that depict nudity, sexual activity, sexual excitement or ultimate sexual acts as defined in Section 13-3501. Agency heads shall give, in writing, any agency approvals. Agency approvals are available for public inspection pursuant to Section 39-121.

B. An employee who violates this section performs an act that is cause for discipline or dismissal of the employee and for an employee in state service is considered misuse or unauthorized use of state property pursuant to Section 41-770.

C. All agencies shall immediately furnish their current employees with copies of this section. All agencies shall furnish new employees with copies of this section at the time of authorizing an employee to use an agency computer.

D. For the purposes of this section:

1. "Agency" means:
(a) All offices, agencies, departments, boards, councils or commissions of this state.
(b) All state universities.
(c) All community college districts.
(d) All legislative agencies.
(e) All departments or agencies of the state supreme court or the court of appeals.

2. "Information Infrastructure" means telecommunications, cable and computer networks and includes the Internet, the worldwide web, Usenet, bulletin board systems, on-line systems and telephone networks.

Published in the Fall 2003 Edition of In Brief