Bill A504-2011

Prohibits the sale of mature and violent video games to minors

Prohibits the sale to minors of certain rated video games containing a rating that reflects content of various degrees of profanity, racist stereotypes or derogatory language, and/or actions toward a specific group of persons.

Details

Actions

  • Jan 4, 2012: referred to consumer affairs and protection
  • Jan 5, 2011: referred to consumer affairs and protection

Text

STATE OF NEW YORK ________________________________________________________________________ 504 2011-2012 Regular Sessions IN ASSEMBLY (PREFILED) January 5, 2011 ___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to prohibiting sale of certain video games to minors THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new section 391-r to read as follows: S 391-R. SALE OF CERTAIN VIDEO GAMES TO MINORS PROHIBITED. 1. NO PERSON, PARTNERSHIP OR CORPORATION SHALL SELL OR RENT OR OFFER TO SELL OR RENT TO ANY PERSON UNDER THE AGE OF EIGHTEEN YEARS ANY VIDEO GAME THAT HAS A MATURE OR VIOLENT RATING. SUCH VIDEOS MAY CONTAIN, BUT SHALL NOT BE LIMITED TO, DEPICTIONS DESCRIPTIVE OF, ADVOCATING OR GLAMORIZING COMMISSION OF A VIOLENT CRIME, SUICIDE, SODOMY, RAPE, INCEST, BESTIALI- TY, SADOMASOCHISM, ANY FORM OF SEXUAL ACTIVITY IN A VIOLENT CONTEXT, OR ADVOCATING OR ENCOURAGING MURDER, VIOLENT RACISM, RELIGIOUS VIOLENCE, MORBID VIOLENCE OR THE ILLEGAL USE OF DRUGS OR ALCOHOL. 2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE OR RENTAL OF VIDEO GAMES SHALL STORE AND DISPLAY SUCH VIDEO GAMES CONTAINING CONTENTS LISTED IN SUBDIVISION ONE OF THIS SECTION IN A LOCATION DESIGNATED FOR PERSONS OVER THE AGE OF EIGHTEEN, IN A MANNER WHICH RESTRICTS ACCESS TO SUCH VIDEO GAMES. 3. SALE OR RENTAL OF ANY VIDEO GAME THAT CONTAINS ANY CONTENTS LISTED IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MADE ONLY TO AN INDIVIDUAL WHO DEMONSTRATES, THROUGH (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S IDENTIFICATION AND ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT, ANY UNITED STATES TERRITORY, COMMONWEALTH OR POSSESSION, THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA; OR (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
COUNTRY; OR (C) AN IDENTIFICATION CARD ISSUED BY THE UNITED STATES, INDICATING THAT THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE. SUCH IDENTIFICATION NEED NOT BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING INVOLVING SALE OR RENTAL OF ANY VIDEO GAME, TO AN INDIVIDUAL UNDER EIGHTEEN YEARS OF AGE. 4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA- TIVE DEFENSE THAT A PERSON PURCHASING OR RENTING OR ATTEMPTING TO PURCHASE OR RENT ANY VIDEO GAME DESCRIBED IN SUBDIVISION ONE OF THIS SECTION PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER IDENTIFICATION CARD APPARENTLY ISSUED BY A GOVERNMENT ENTITY OR OTHER IDENTIFICATION PURSU- ANT TO SUBDIVISION THREE OF THIS SECTION, SUCCESSFULLY COMPLETED THE TRANSACTION, AND THAT THE VIDEO GAME SOLD OR RENTED TO SUCH PERSON WAS REASONABLE RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION. IN EVALU- ATING THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDERATION SHALL BE GIVEN TO ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY THE SELLER TO EFFECTUATE THE PROVISIONS OF THIS SECTION. USE OF ANY METHOD OF AN ELEC- TRONIC TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON OPERATING A PLACE OF BUSINESS WHEREIN VIDEO GAMES ARE SOLD OR RENTED, OR THE AGENT OR EMPLOY- EE OF SUCH PERSON, FROM THE EXERCISE OF DUE DILIGENCE. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE DEFENSE SHALL NOT BE APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR IN ANY OTHER FORUM. 5. FOR THE PURPOSES OF THIS SECTION "RATING" MEANS THE STANDARDIZED DESIGNATION COMMONLY USED TO INFORM PARENTS ABOUT VIDEO GAMES REGARDING LISTENING AND VIEWING BY THEIR CHILDREN. S 2. Severability. If any clause, sentence, paragraph, subdivision or part of this act, or the application thereof to any person or circum- stance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the reminder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision or part of this act, or in its application to the person or circumstance, directly involved in the controversy in which such judgment shall have been rendered. S 3. This act shall take effect on the one hundred twentieth day after it shall have become a law.

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