Citations Affected: IC 35-46.
Effective: July 1, 2003.
January 17, 2001, read first time and referred to Committee on Judiciary.
February 13, 2001, reassigned to Committee on Human Affairs.
February 20, 2001, amended, reported _ Do Pass.
February 27, 2001, read second time, amended, ordered engrossed.
compulsory school attendance may not be in the establishment on a school day after 7 a.m. and before 3:30 p.m. Requires an establishment that possesses amusement machines harmful to minors to prohibit minors subject to compulsory school attendance to be in the establishment on a school day after 7 a.m. and before 3:30 p.m. Makes a violation of this law by an establishment that possesses an amusement machine harmful to minors a Class B infraction and includes civil penalties that increase for repeat offenses that occur within 90 days. Establishes a defense if a minor presents a false driver's license or identification card that states the age of the minor is sufficient to allow the minor to operate an amusement machine harmful to minors without being accompanied by a parent, guardian, or custodian. Provides that a minor who presents false information to an establishment for the purpose of operating an amusement machine harmful to minors without being accompanied by a parent, guardian, or custodian commits a Class B infraction. Provides that a person who represents that the person is a parent, guardian, or custodian of a minor for the purpose of allowing the minor to operate an amusement machine harmful to minors commits a Class B infraction. Specifies that certain licensed areas, private industrial or office locations, private clubs, or riverboats are not covered by the requirements of this law.
A BILL FOR AN ACT to amend the Indiana Code concerning
criminal law and procedure.
is limited to persons who are at least twenty-one (21) years of
age.
Sec. 2. (a) The definitions in this section apply throughout this
chapter.
(b) "Accompanied" means a parent, guardian, or custodian:
(1) is within five (5) feet of the minor at all times while the
minor is operating an amusement machine harmful to minors;
or
(2) has appeared in person with the minor at the
establishment where an amusement machine harmful to
minors is located and on that day has given permission for the
minor to operate the amusement machine:
(A) to the owner of the establishment where the
amusement machine harmful to minors is located;
(B) to an agent of the owner; or
(C) to an employee of the owner.
(c) "Amusement machine" means a video game or other
electronic device offered to the public as a game or amusement that
requires currency, tokens, cards, or tickets and awards points
based on the skill of the operator.
(d) "Harmful to minors" refers to an amusement machine that:
(1) predominantly appeals to:
(A) minors' morbid interest in violence; or
(B) minors' prurient interest in sex;
(2) is patently offensive to prevailing standards in the adult
community as a whole with respect to what is suitable
material for persons less than eighteen (18) years of age;
(3) lacks serious literary, artistic, political, or scientific value
as a whole for persons less than eighteen (18) years of age;
and
(4) contains:
(A) graphic violence; or
(B) strong sexual content.
(e) "Graphic violence" means an amusement machine's visual
depiction or representation of realistic serious injury to a human
or human-like being, including amputation, decapitation,
dismemberment, bloodshed, mutilation, maiming, or disfiguration.
(f) "Strong sexual content" means the visual depiction or
representation by an amusement machine of nudity (as defined in
IC 35-49-1-5) or sexual conduct (as defined in IC 35-49-1-9) by a
human or human-like being.
(g) "Minor" has the meaning set forth in IC 35-49-1-4.
Sec. 3. (a) An establishment that owns or possesses an
amusement machine harmful to minors shall do the following:
(1) Require a minor in the establishment to be accompanied
by a:
(A) parent;
(B) guardian (as defined in IC 29-3-1-6); or
(C) custodian (as defined in IC 35-42-4-7);
if the minor is operating an amusement machine harmful to
minors.
(2) Place a conspicuous sign on each amusement machine
harmful to minors stating that the amusement machine may
not be operated by a minor unless the minor is accompanied
by a parent, guardian, or custodian.
(3) Separate by at least ten (10) feet all amusement machines
harmful to minors from:
(A) amusement machines not harmful to minors;
(B) pool or billiard tables;
(C) pinball machines; or
(D) bowling machines or alleys.
(4) Prohibit a minor who is subject to compulsory school
attendance laws as set forth in IC 20-8.1-3-17 from being
present in the establishment on a day that school is in session:
(A) any time after 7 a.m.; and
(B) any time before 3:30 p.m.;
unless the minor is accompanied by a parent, guardian, or
custodian.
(5) Place a conspicuous sign inside the establishment that
informs minors subject to compulsory school attendance laws
as set forth in IC 20-8.1-3-17 of the requirements set forth in
subdivision (4).
(6) If the establishment owns or possesses more than four (4)
amusement machines, place a nontransferable, clearly visible
designation on the minor indicating that the parent, guardian,
or custodian has consented to allow the minor to operate an
amusement machine harmful to minors if the parent,
guardian, or custodian has appeared in person at the
establishment and given permission for the minor to operate
the amusement machine.
(b) The following defenses are available to establishments
accused of violating this chapter:
(1) The minor produced a driver's license bearing the minor's
photograph at the establishment where the amusement
machine harmful to minors is located to:
(A) the owner of the establishment;
(B) an agent of the owner; or
(C) an employee of the owner;
that indicated the minor was of legal age to operate the
amusement machine harmful to minors.
(2) The minor produced an identification card issued under
IC 9-24-16-1 that indicated the minor was of legal age to
operate the amusement machine harmful to minors.
Sec. 4. (a) An establishment that violates this chapter commits
a Class B infraction. Notwithstanding IC 34-28-5-4(b), a civil
judgment for an infraction committed under this chapter must be
imposed as follows:
(1) If the establishment has not been issued a citation or
summons for a violation of this chapter in the previous ninety
(90) days, a civil penalty of fifty dollars ($50).
(2) If the establishment has had one (1) citation or summons
issued for a violation of this chapter in the previous ninety
(90) days, a civil penalty of one hundred dollars ($100).
(3) If the establishment has had two (2) citations or
summonses issued for a violation of this chapter in the
previous ninety (90) days, a civil penalty of two hundred fifty
dollars ($250).
(4) If the establishment has had at least three (3) citations or
summonses issued for a violation of this chapter in the
previous ninety (90) days, a civil penalty of five hundred
dollars ($500).
(b) If an establishment is issued a citation under a subdivision
of section 3(a) of this chapter, the establishment may not be cited
for a violation of the same subdivision within fourteen (14) days of
the date of the original citation.
Sec. 5. A minor who presents false information to an
establishment for the purpose of operating an amusement machine
harmful to minors without being accompanied by a parent,
guardian, or custodian commits a Class B infraction.
Sec. 6. A person who is not the parent, guardian, or custodian
of a minor who represents that the person is:
(1) a parent;
(2) a guardian; or
(3) a custodian;
of the minor for the purpose of allowing the minor to operate an
amusement machine harmful to minors commits a Class B
infraction.
Sec. 7. This chapter does not preempt an ordinance, a bylaw, or
a rule, or any amendment to an ordinance, bylaw, or rule, adopted
by:
(1) a county;
(2) a city;
(3) a township;
(4) a department, a board, or an agency of a:
(A) county;
(B) city; or
(C) township; or
(5) any other political subdivision or agency of the state;
concerning regulation of an amusement machine harmful to
minors that was enacted, promulgated, or adopted before the
effective date of this chapter.