Introduced Version






SENATE BILL No. 238

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 24-4-15.

Synopsis: Adult rated video games. Prohibits the sale or rental of certain video games to children. Provides affirmative defenses.

Effective: July 1, 2007.





Ford, Simpson




    January 11, 2007, read first time and referred to Committee on Corrections, Criminal, and Civil Matters.







Introduced

First Regular Session 115th General Assembly (2007)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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SENATE BILL No. 238



    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 24-4-15; (07)IN0238.1.1. -->     SECTION 1. IC 24-4-15 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]:
     Chapter 15. Violent and Sexually Explicit Video Games
    Sec. 1. As used in this chapter, "sales clerk" means a person who:
        (1) transacts a sale or rental of a video game with the general public; and
        (2) is not the owner, operator, or manager of a video game retailer.
    Sec. 2 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. 3. 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. 4. A video game retailer who sells, rents, or permits another person to sell or rent
a video game that is prepackaged and rated:
        (1) M by the Entertainment Software Ratings Board to an individual less than seventeen (17) years of age; or
        (2) AO by the Entertainment Software Ratings Board to an individual less than eighteen (18) years of age;
commits a Class B infraction.
    Sec. 5. A sales clerk who knowingly or intentionally sells or rents a video game that is prepackaged and rated:
        (1) M; or
        (2) AO;
by the Entertainment Software Ratings Board 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. 6. It is an affirmative defense to an action brought under section 4 or 5 of this chapter that:
        (1) the person who sells, rents, or causes another person to sell or rent a violent or sexually explicit video game to an individual in violation of section 4 or 5 of this chapter is:
            (A) a parent;
            (B) a grandparent; or
            (C) a legal guardian;
        of the individual; or
        (2) the child who purchases or rents the violent or sexually explicit video game offers a false identification card purporting to show that the individual was the appropriate age to purchase or rent the video game, as set forth in section 4 or 5 of this chapter, if the false identification card could reasonably be mistaken for a valid identification card.
    Sec. 7. It is an affirmative defense to an action brought against a video game retailer under section 4 of this chapter based on a sale or rental transacted by a sales clerk if:
        (1) the sales clerk sells or rents a video game to an individual less than eighteen (18) years of age in violation of section 5 of this chapter; 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.