To amend title 18, United States Code, to prohibit the sale or rental of adult video games to minors.

February 11, 2003

Mr. BACA introduced the following bill; which was referred to the Committee on the Judiciary

To amend title 18, United States Code, to prohibit the sale or rental of adult video games to minors.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Protect Children from Video Game Sex and Violence Act of 2003'.

SEC. 2. FINDINGS.

Congress finds the following:

(1) The video game industry has grown into a $10 billion market for game software publishing, wholesaling, and retailing.

(2) The use and observation of video games that contain sexual or violent content can be harmful to minors and reasonable restrictions will significantly decrease the number of minors using these games.

(3) On July 26, 2000, six of the Nation's most respected public health groups, including the American Medical Association, the American Academy of Pediatrics, the American Academy of Family Physicians, and the American Academy of Child and Adolescent Psychiatry, found that viewing entertainment violence can lead to increases in aggressive attitudes, behaviors, and values, particularly in children.

(4) The ratings and content descriptors of video and computer games issued by the entertainment industry reflect the notion that certain video and computer games are suitable only for adults due to graphic depictions of sex or violence.

(5) In December 2001, a study by the Federal Trade Commission showed that retailers allowed 78 percent of unaccompanied minors, ages 13 to 16, to purchase games rated as `Mature' by the Entertainment Software Rating Board.

(6) The sale of video games and computer games substantially affects interstate commerce because they are sold in interstate commerce on a nationwide basis.

(7) The Nation has a compelling interest in preventing minors from purchasing video and computer games that are only suitable for adults due to graphic depictions of sex or violence.

(8) There is a need to enact narrowly tailored legislation to restrict the sale and use of video games that contain sexual or violent content that is intended for adults only, and that such legislation not restrict adults' access to these games.

SEC. 3. PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO MINORS.

(a) IN GENERAL- Part 1 of title 18, United States Code, is amended by adding at the end the following new chapter:

`CHAPTER 124--PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO MINORS

`Sec. 2731. Definitions

`As used in this chapter, the following definitions apply:

`(1) The term `graphic violence' means the visual depiction of serious injury to human beings, actual or virtual, including aggravated assault, decapitation, dismemberment, or death.

`(2) The term `content harmful to minors' means video game content that predominantly appeals to minors' morbid interest in violence or minors' prurient interest in sex, is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors, and lacks serious literary, artistic, political, or scientific value for minors, and contains--

`(A) graphic violence;

`(B) sexual violence; or

`(C) strong sexual content.

`(3) The term `minor' means a person age 17 and younger.

`(4) The term `nudity' means the visual depiction, actual or virtual, of the human male or female genitals, pubic area or buttocks with less than a fully opaque covering, of a female breast with less than a fully opaque covering of any part of the nipple or of any portion of the breast below the nipple, or the depiction of covered male genitals in a discernibly turgid state.

`(5) The term `sexual conduct' means acts, actual or virtual, of masturbation, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks or, if such person be a female, a breast.

`(6) The term `strong sexual content' means the visual depiction, actual or virtual, of human nudity or explicit human sexual behavior, including acts of masturbation, deviate sexual conduct, sexual intercourse, or fondling of genitals.

`(7) The term `sexual violence' means the visual depiction, actual or virtual, of rape or other sexual assault.

`(8) The term `video game' means any copy of an electronic game that may be played using a portable electronic device or with a hand-held gaming device using a television or computer.

`Sec. 2732. Prohibition on sale or rental of adult video games to minors

`Whoever sells at retail or rents, or attempts to sell at retail or rent, to a minor any video game that depicts nudity, sexual conduct, or other content harmful to minors, shall be fined under this chapter.

`Sec. 2733. Penalties

`(a) FIRST VIOLATION- Whoever knowingly violates section 2732 shall be fined not more than $1,000.

`(b) SECOND VIOLATION- Whoever knowingly violates section 2732, having previously been fined under subsection (a), shall be fined not less than $1,000 and not more than $5,000.

`(c) SUBSEQUENT VIOLATIONS- Whoever knowingly violates section 2732, having previously been fined under subsection (b), shall be fined not less than $5,000.'.

(b) CLERICAL AMENDMENT- The table of chapters at the beginning of part I of title 18, United States Code, is amended by adding at the end the following new item:

2731'.

END