STATE OF NEW YORK
________________________________________________________________________
2026
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. AUBRY -- 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:
1 Section 1. The general business law is amended by adding a new section
2 391-w to read as follows:
3 § 391-w. Sale of certain video games to minors prohibited. 1. No
4 person, partnership or corporation shall sell or rent or offer to sell
5 or rent to any person under the age of eighteen years any video game
6 that has a mature or violent rating. Such videos may contain, but shall
7 not be limited to, depictions descriptive of, advocating or glamorizing
8 commission of a violent crime, suicide, sodomy, rape, incest, bestiali-
9 ty, sadomasochism, any form of sexual activity in a violent context, or
10 advocating or encouraging murder, violent racism, religious violence,
11 morbid violence or the illegal use of drugs or alcohol.
12 2. Every person, partnership or corporation engaged in the retail sale
13 or rental of video games shall store and display such video games
14 containing contents listed in subdivision one of this section in a
15 location designated for persons over the age of eighteen, in a manner
16 which restricts access to such video games.
17 3. Sale or rental of any video game that contains any contents listed
18 in subdivision one of this section, shall be made only to an individual
19 who demonstrates, through (a) a valid driver's license or non-driver's
20 identification and issued by the commissioner of motor vehicles, the
21 federal government, any United States territory, commonwealth or
22 possession, the District of Columbia, a state government within the
23 United States or a provincial government of the dominion of Canada; or
24 (b) a valid passport issued by the United States government or any other
25 country; or (c) an identification card issued by the United States,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03796-01-3
A. 2026 2
1 indicating that the individual is at least eighteen years of age. Such
2 identification need not be required of any individual who reasonably
3 appears to be at least thirty years of age, provided, however, that such
4 appearance shall not constitute a defense in any proceeding involving
5 sale or rental of any video game, to an individual under eighteen years
6 of age.
7 4. In any proceeding pursuant to this section, it shall be an affirma-
8 tive defense that a person purchasing or renting or attempting to
9 purchase or rent any video game described in subdivision one of this
10 section produced a driver's license or a non-driver identification card
11 apparently issued by a government entity or other identification pursu-
12 ant to subdivision three of this section, successfully completed the
13 transaction, and that the video game sold or rented to such person was
14 reasonable reliance upon such identification and transaction. In evalu-
15 ating the applicability of such affirmative defense, consideration shall
16 be given to any written policy adopted and implemented by the seller to
17 effectuate the provisions of this section. Use of any method of an elec-
18 tronic transaction scan shall not excuse any person operating a place of
19 business wherein video games are sold or rented, or the agent or employ-
20 ee of such person, from the exercise of due diligence. Notwithstanding
21 the provisions of this subdivision, any such affirmative defense shall
22 not be applicable in any civil or criminal proceeding, or in any other
23 forum.
24 5. For the purposes of this section "rating" means the standardized
25 designation commonly used to inform parents about video games regarding
26 listening and viewing by their children.
27 § 2. Severability. If any clause, sentence, paragraph, subdivision or
28 part of this act, or the application thereof to any person or circum-
29 stance, shall be adjudged by any court of competent jurisdiction to be
30 invalid or unconstitutional, such judgment shall not affect, impair or
31 invalidate the remainder thereof, but shall be confined in its operation
32 to the clause, sentence, paragraph, subdivision or part of this act, or
33 in its application to the person or circumstance, directly involved in
34 the controversy in which such judgment shall have been rendered.
35 § 3. This act shall take effect on the one hundred twentieth day after
36 it shall have become a law.
