[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 669 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 669
To amend title 18, United States Code, to prohibit the sale or rental
of adult video games to minors.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2003
Mr. Baca introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
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:
``124. Prohibition on sale or rental of adult video games to 2731''.
minors.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Sponsor introductory remarks on measure. (CR H1030-1031)
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