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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
2837
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
___________
Introduced by M. of A. KOLB, REILICH, WALKER, BALL, ERRIGO, SPANO --
Multi-Sponsored by -- M. of A. BACALLES, BARCLAY, BURLING, CALHOUN,
CROUCH, GIGLIO, OAKS, RABBITT, TOWNSEND -- read once and referred to
the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
sale or rental of certain video games, which are pornographic or
promote violence or illegal drug use, to minors and requiring warning
labels on such video games
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative findings. The legislature hereby finds that the
2 youth of New York state are entitled to grow-up in a positive setting
3 and be shielded from graphic violence and offensive depictions now found
4 in video games. It is a well known fact that children between the ages
5 of seven and seventeen play video games for an average of eight hours a
6 week. A subset of video games feature violence, gore, and illegal activ-
7 ity, which has raised concern among parents, educators, child advocates,
8 medical professionals, and policy makers. The legislature also finds
9 that in order to raise a healthy, well adjusted child, parents must be
10 aware of what their children are doing for fun, specifically what types
11 of influences are in their lives. Legislation is an appropriate remedy
12 to aid parents in protecting the physical and emotional health of their
13 children. The legislature also finds that although the Entertainment
14 Software Rating Board (ESRB) has a rating system in place, it is an
15 insufficient warning for parents. Further, the ESRB rating system is a
16 voluntary system and such board's voluntary participation in such a
17 system shows that there is a problem such board feels needs to be
18 addressed. This legislation would ensure that New York's children are
19 protected and a more specific warning regarding the actual content of
20 certain video games are in order.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05051-01-9
A. 2837 2
1 Concern about violent video games is based upon the assumption that
2 they contribute to aggression and violence among young players. The
3 legislature finds that scientific evidence shows a cause-effect
4 relationship between television violence and aggression among children
5 who watch such violence and aggression. Based upon this research, simi-
6 lar findings are expected concerning video games. These games are
7 believed to have an even greater impact because: (1) children like to
8 imitate the actions of characters such as the characters such children
9 play as or against in a video game; (2) video games include much repe-
10 tition and with repetition comes a behavioral rehearsal for violent
11 activity as violent games are played over and over again; and (3)
12 rewards increase learning, and video games are based upon a reward
13 system. The legislature finds that concern about video game violence is
14 warranted. In an Anderson & Bushman study of 2001 there is a consistent
15 pattern of results concerning violent video games' effect on children.
16 It has been shown that exposure to violent video games increases: (1)
17 physiological arousal; (2) aggressive thoughts; (3) aggressive emotions;
18 and (4) aggressive actions in those children and youths who play violent
19 video games. It has also been established that even limited amounts of
20 sexual violence can desensitize viewers. In a study conducted in 1995,
21 viewers of films containing sexual violence expressed significantly less
22 sympathy for domestic violence victims, and rated their injuries less
23 severe, than did a group not exposed to these films. It is most alarming
24 to apply the results of this study to violent video games, which are
25 played over and over again, while a film may be watched only once or
26 twice. With increased repetition comes an even greater chance of desen-
27 sitization to violence, especially against women. As children play these
28 games on a daily basis, it may cause some children to lose touch with
29 reality. In some cases, it has been reported that children become
30 addicted to playing these games. In a study of 387 children, twenty
31 percent of 12-16 year olds were classified as currently addicted to
32 playing computer-based video games and one in four adolescents had been
33 addicted at some point in his or her life.
34 The legislature recognizes the United States supreme court's inclina-
35 tion to protect first amendment rights; however the state of New York
36 has a compelling interest to protect the emotional health of the state's
37 children and assist parents to be the guardians of their children's
38 well-being. A specific warning label will function as a crucial reminder
39 to those parents who would otherwise be unaware of the violent content
40 contained in video games.
41 Further, the legislature recognizes the fundamental rights of adults
42 to purchase a video game for themselves or as a custodial adult for
43 their children, therefore this legislation does not infringe on an
44 adult's right to make such a purchase. However, the legislature does
45 recognize that minors are purchasing violent video games with little or
46 no resistance from retailers, as such this legislation would restrict
47 the sale of select video games to minors in order to protect them from
48 an adult rated game with offensive, mature and violent content.
49 S 2. The general business law is amended by adding a new section 391-q
50 to read as follows:
51 S 391-Q. SALE OF CERTAIN VIDEO GAMES TO MINORS PROHIBITED; WARNING
52 LABELS REQUIRED. 1. NO PERSON, PARTNERSHIP OR CORPORATION SHALL SELL OR
53 RENT OR OFFER TO SELL OR RENT TO ANY PERSON UNDER THE AGE OF EIGHTEEN
54 YEARS ANY VIDEO GAME THAT CONTAINS DEPICTIONS DESCRIPTIVE OF, ADVOCATING
55 OR GLAMORIZING COMMISSION OF A VIOLENT CRIME, SUICIDE, SODOMY, RAPE,
56 INCEST, BESTIALITY, SADO-MASOCHISM, ANY FORM OF SEXUAL ACTIVITY IN A
A. 2837 3
1 VIOLENT CONTEXT, OR ADVOCATING OR ENCOURAGING MURDER, VIOLENT RACISM,
2 RELIGIOUS VIOLENCE, MORBID VIOLENCE OR THE ILLEGAL USE OF DRUGS OR ALCO-
3 HOL.
4 2. THE MANUFACTURER OF ANY VIDEO GAME AS DESCRIBED IN SUBDIVISION ONE
5 OF THIS SECTION, SHALL AFFIX TO THE FRONT OF THE OUTSIDE PACKAGING OF
6 ANY SUCH VIDEO GAME TO BE SOLD IN NEW YORK STATE, AND THE RETAILER OF
7 ANY VIDEO GAME AS DESCRIBED IN SUBDIVISION ONE OF THIS SECTION SHALL
8 AFFIX TO THE FRONT OF THE OUTSIDE PACKAGING OF ANY SUCH VIDEO GAME
9 OFFERED FOR RENTAL OR RESALE, A WARNING LABEL TO READ SUBSTANTIALLY AS
10 FOLLOWS:
11 "18+ WARNING, SALE OR RENTAL TO ADULTS ONLY. MAY CONTAIN EXPLICIT
12 DEPICTIONS DESCRIPTIVE OF OR ADVOCATING ONE OR MORE OF THE FOLLOWING:
13 COMMISSION OF A VIOLENT CRIME
14 SUICIDE
15 SODOMY
16 RAPE
17 INCEST
18 BESTIALITY
19 VIOLENT RACISM
20 RELIGIOUS VIOLENCE
21 SADO-MASOCHISM
22 SEXUAL ASSAULT
23 SEXUAL ACTIVITY
24 MURDER
25 MORBID VIOLENCE
26 ILLEGAL USE OF DRUGS OR ALCOHOL
27 PARENTAL ADVISORY." THIS LABEL SHALL BE AFFIXED TO ANY VIDEO GAME
28 THAT CONTAINS ANY OF THE ITEMS ENUMERATED ABOVE IN THIS SUBDIVISION,
29 REGARDLESS OF INDUSTRY RATINGS. THE PACKAGE MUST ALSO CONTAIN ANY RATING
30 THAT THE MANUFACTURER OR THE ENTERTAINMENT SOFTWARE RATING BOARD HAS
31 DETERMINED TO BE AFFIXED ON ANY VIDEO GAME. THE LABEL SHALL BE PRINTED
32 IN BLACK OR RED INK AND SHALL CONTAIN LETTERS OF EIGHT POINT OR LARGER
33 TYPE, EXCEPT THAT THE WORDS "18+ WARNING" AND "SALE OR RENTAL TO ADULTS
34 ONLY" SHALL BE PRINTED IN LETTERS OF TEN POINT OR LARGER TYPE. THE LABEL
35 SHALL NOT READILY BE REMOVABLE FROM THE PACKAGE.
36 3. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
37 OR RENTAL OF VIDEO GAMES SHALL STORE AND DISPLAY SUCH VIDEO GAMES
38 CONTAINING CONTENTS LISTED IN SUBDIVISION TWO OF THIS SECTION IN A
39 SEALED AND LOCKED CONTAINER, BEHIND A SERVICE COUNTER IN AN AREA INAC-
40 CESSIBLE BY THE GENERAL PUBLIC, OR IN ANY OTHER MANNER WHICH RESTRICTS
41 ACCESS TO SUCH VIDEO GAMES.
42 4. A VIOLATION OF THE PROVISIONS OF SUBDIVISION ONE OR TWO OF THIS
43 SECTION SHALL BE A VIOLATION AS DEFINED IN THE PENAL LAW.
44 5. ANY PERSON, MANUFACTURER, RETAILER, OWNER, PARTNERSHIP, CORPO-
45 RATION, PROPRIETOR OR MANAGER OF A RETAIL COMMERCIAL ESTABLISHMENT WHO
46 KNOWINGLY VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE SUBJECT TO A
47 CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH RETAIL UNIT
48 SOLD OR RENTED.
49 6. A NON-CUSTODIAL ADULT, EIGHTEEN YEARS OF AGE OR OLDER, WHO BUYS OR
50 RENTS FOR A MINOR A VIDEO GAME REGULATED BY THIS SECTION SHALL BE
51 SUBJECT TO A CIVIL PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH
52 RETAIL UNIT PURCHASED OR RENTED AND SUCH ACT SHALL BE A VIOLATION AS
53 DEFINED IN THE PENAL LAW.
54 7. A COURT MAY UPON CONVICTION OF A PERSON FOR VIOLATION OF THIS
55 SECTION, ORDER THE CONFISCATION OF ANY MATERIALS IN THE DEFENDANT'S
A. 2837 4
1 POSSESSION OR CONTROL WHICH DO NOT BEAR THE LABELING REQUIRED BY THIS
2 SECTION AND WHICH DOES NOT BEAR THE RATING CLEARLY DISPLAYED.
3 8. ANY RETAILER, OWNER, PARTNERSHIP OR CORPORATION THAT SELLS OR RENTS
4 OR OFFERS TO SELL OR RENT ANY VIDEO GAME DESCRIBED IN SUBDIVISION ONE OF
5 THIS SECTION, SHALL HAVE AVAILABLE FOR EXAMINATION A COPY OF SUCH VIDEO
6 GAME WHICH CAN BE REVIEWED AT THE PLACE OF SALE OR RENTAL AND SUCH
7 RETAILER SHOULD SUPPLY THE NECESSARY EQUIPMENT NEEDED TO REVIEW THE
8 VIDEO GAME, INCLUDING BUT NOT LIMITED TO, A WORKING TELEVISION, THE
9 NECESSARY GAME SYSTEM AND/OR ANY OTHER EQUIPMENT NEEDED TO REVIEW THE
10 VIDEO GAME.
11 9. SALE OR RENTAL OF ANY VIDEO GAME THAT CONTAINS ANY CONTENTS LISTED
12 IN SUBDIVISION TWO OF THIS SECTION, SHALL BE MADE ONLY TO AN INDIVIDUAL
13 WHO DEMONSTRATES, THROUGH (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S
14 IDENTIFICATION AND ISSUED BY THE COMMISSIONER OF MOTOR VEHICLES, THE
15 FEDERAL GOVERNMENT, ANY UNITED STATES TERRITORY, COMMONWEALTH OR
16 POSSESSION, THE DISTRICT OF COLUMBIA, A STATE GOVERNMENT WITHIN THE
17 UNITED STATES OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA; OR
18 (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
19 COUNTRY; OR (C) AN IDENTIFICATION CARD ISSUED BY THE UNITED STATES,
20 INDICATING THAT THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE. SUCH
21 IDENTIFICATION NEED NOT BE REQUIRED OF ANY INDIVIDUAL WHO REASONABLY
22 APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
23 APPEARANCE SHALL NOT CONSTITUTE A DEFENSE IN ANY PROCEEDING INVOLVING
24 SALE OR RENTAL OF ANY VIDEO GAME, TO AN INDIVIDUAL UNDER EIGHTEEN YEARS
25 OF AGE.
26 10. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIR-
27 MATIVE DEFENSE THAT A PERSON PURCHASING OR RENTING OR ATTEMPTING TO
28 PURCHASE OR RENT ANY VIDEO GAME DESCRIBED IN SUBDIVISION ONE OF THIS
29 SECTION PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER IDENTIFICATION CARD
30 APPARENTLY ISSUED BY A GOVERNMENT ENTITY OR OTHER IDENTIFICATION PURSU-
31 ANT TO SUBDIVISION NINE OF THIS SECTION, SUCCESSFULLY COMPLETED THE
32 TRANSACTION, AND THAT THE VIDEO GAME SOLD OR RENTED TO SUCH PERSON WAS
33 REASONABLE RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION. IN EVALU-
34 ATING THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDERATION SHALL
35 BE GIVEN TO ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY THE SELLER TO
36 EFFECTUATE THE PROVISIONS OF THIS SECTION. USE OF ANY METHOD OF AN ELEC-
37 TRONIC TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON OPERATING A PLACE OF
38 BUSINESS WHEREIN VIDEO GAMES ARE SOLD OR RENTED, OR THE AGENT OR EMPLOY-
39 EE OF SUCH PERSON, FROM THE EXERCISE OF DUE DILIGENCE. NOTWITHSTANDING
40 THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE DEFENSE SHALL
41 NOT BE APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR IN ANY OTHER
42 FORUM.
43 11. FOR THE PURPOSES OF THIS SECTION "RATING" MEANS THE STANDARDIZED
44 DESIGNATION COMMONLY USED TO INFORM PARENTS ABOUT VIDEO GAMES REGARDING
45 LISTENING AND VIEWING BY THEIR CHILDREN.
46 S 3. Severability. If any clause, sentence, paragraph, subdivision or
47 part of this act, or the application thereof to any person or circum-
48 stance, shall be adjudged by any court of competent jurisdiction to be
49 invalid or unconstitutional, such judgement shall not affect, impair or
50 invalidate the remainder thereof, but shall be confined in its operation
51 to the clause, sentence, paragraph, subdivision or part of this act, or
52 in its application to the person or circumstance, directly involved in
53 the controversy in which such judgement shall have been rendered.
54 S 4. This act shall take effect on the first of November next succeed-
55 ing the date on which it shall have become a law.
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