Introduced Version
SENATE BILL No. 287
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-4-14.
Synopsis: Restrictions on video games. Requires a video game retailer
to place a warning label on violent or sexually explicit video games.
Prohibits the sale or rental of a violent or sexually explicit video game
to a child less than 18 years of age. Provides affirmative defenses if: (1)
certain relatives of the child were involved in the sale or rental; (2) the
child used false identification to buy or rent the video game; or (3) the
video game was rated appropriate for children less than 18 years of age
by the Entertainment Software Rating Board. Provides an affirmative
defense for a video game retailer if a sales clerk, knowing that the
purchaser was less than 18 years of age, intentionally sold a violent or
sexually explicit video game to an individual less than 18 years of age.
Effective: July 1, 2006.
January 9, 2006, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
Introduced
Second Regular Session 114th General Assembly (2006)
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SENATE BILL No. 287
A BILL FOR AN ACT to amend the Indiana Code concerning trade
regulation.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 24-4-14; (06)IN0287.1.1. -->
SECTION 1. IC 24-4-14 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2006]:
Chapter 14. Violent and Sexually Explicit Video Games
Sec. 1. As used in this chapter, "age label" means a label:
(1) that contains the numeral "18" in solid white outlined in
black;
(2) in which the numeral "18" measures at least two (2) inches
by two (2) inches; and
(3) that is affixed to the front of a video game package.
Sec. 2. As used in this chapter, "character" means a depiction
or simulation of a human being that may be played, viewed, or
experienced as part of a video game.
Sec. 3. As used in this chapter, "nudity" has the meaning set
forth in IC 35-49-1-5.
Sec. 4. As used in this chapter, "sales clerk" means a person
who:
(1) transacts the rental or sale of a video game with the
general public; and
(2) is not the owner, operator, or manager of a video game
retailer.
Sec. 5. As used in this chapter, "sexual conduct" has the
meaning set forth in IC 35-49-1-9.
Sec. 6. As used in this chapter, "video game" means an object or
a device that:
(1) stores recorded data or instructions;
(2) receives data or instructions generated by a person; and
(3) processes the data or instructions;
to create an interactive game that may be played, viewed, or
experienced on a computer, a gaming system, a console, or other
technology.
Sec. 7. As used in this chapter, "video game retailer" means a
person who sells or rents a video game to the general public. The
term does not include a sales clerk.
Sec. 8. As used in this chapter, "violent or sexually explicit video
game" means a video game that:
(1) depicts a character that appears to:
(A) kill;
(B) dismember;
(C) decapitate;
(D) maim;
(E) disfigure;
(F) mutilate;
(G) cause serious bodily harm to;
(H) rape; or
(I) torture;
another character; or
(2) the average person, applying contemporary community
standards with respect to minors, would find:
(A) is designed to appeal to the prurient interest; and
(B) depicts or simulates:
(i) sexual conduct; or
(ii) nudity;
in a manner patently offensive to minors.
Sec. 9. A video game retailer shall affix an age label to every
violent or sexually explicit video game available for purchase or
rental from the video game retailer. A video game retailer that
does not affix an age label to a violent or sexually explicit video
game that is available for purchase or rental from the video game
retailer commits a Class C infraction. However, the offense is a
Class B infraction if the video game retailer has committed three
(3) or more prior unrelated infractions under this section.
Sec. 10. A video game retailer who:
(1) sells;
(2) rents; or
(3) permits another person to sell or rent;
a violent or sexually explicit video game to an individual less than
eighteen (18) years of age commits a Class B infraction.
Sec. 11. A sales clerk who knowingly or intentionally sells or
rents a violent or sexually explicit video game to an individual less
than eighteen (18) years of age, knowing that the individual is less
than eighteen (18) years of age, commits a Class B infraction.
Sec. 12. It is an affirmative defense to an action brought under
section 10 or 11 of this chapter that:
(1) the person who sold, rented, or caused another person to
sell or rent a violent or sexually explicit video game to an
individual less than eighteen (18) years of age is:
(A) a parent;
(B) a grandparent;
(C) a legal guardian;
(D) an aunt; or
(E) an uncle;
of the individual; or
(2) the child less than eighteen (18) years of age who
purchased or rented the violent or sexually explicit video
game offered a false identification card purporting to show
that the individual was at least eighteen (18) years of age, if
the false identification card could reasonably be mistaken for
a valid identification card.
Sec. 13. It is an affirmative defense to an action brought against
a video game retailer under section 10 of this chapter based on a
sale or rental transacted by a sales clerk that:
(1) the sales clerk who sold or rented a violent or sexually
explicit video game to an individual less than eighteen (18)
years of age knowingly or intentionally sold or rented the
violent or sexually explicit video game to the individual less
than eighteen (18) years of age, knowing that the individual
was less than eighteen (18) years of age; and
(2) the video game retailer was unaware of the age of the
individual described in subdivision (1) at the time of the sale
or rental.
Sec. 14. It is an affirmative defense to an action brought under
section 10 or 11 of this chapter that the violent or sexually explicit
video game sold or rented to an individual less than eighteen (18)
years of age
was prepackaged and rated EC, E10+, E, or T by the
Entertainment Software Ratings Board.