A02026 Summary:

Add §391-w, Gen Bus L
Prohibits the sale to minors of any video game that has a mature or violent rating.
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A02026 Actions:

01/23/2023referred to consumer affairs and protection
01/03/2024referred to consumer affairs and protection
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A02026 Committee Votes:

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A02026 Floor Votes:

There are no votes for this bill in this legislative session.
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A02026 Text:

                STATE OF NEW YORK
                               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.

        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.
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