House File 2104 - Introduced HOUSE FILE BY PETERSEN, WENDT, WHITEAD, HUNTER, GASKILL, WHITAKER, COHOON, HOGG, SHOMSHOR, JACOBY, FORD, WISE, BUKTA, FOEGE, SCHUELLER, WINCKLER, LENSING, PETTENGILL, WESSEL=KROESCHELL, OLDSON, KRESSIG, QUIRK, D. OLSON, SMITH, MASCHER, JOCHUM, KUHN, SWAIM, DANDEKAR, BERRY, REICHERT, DAVITT, MERTZ, and MURPHY Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act prohibiting the sale or rental of violent or sexually 2 explicit video games to minors and providing for civil and 3 criminal penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5632HH 81 6 jm/je/5 PAG LIN 1 1 Section 1. NEW SECTION. 728A.1 DEFINITIONS. 1 2 1. "Employee" means an employee, contractor, manager, or 1 3 owner. 1 4 2. "Family member" means a parent, guardian, sibling, 1 5 grandparent, aunt, uncle, or first cousin. 1 6 3. "Serious physical injury" means depictions of death, 1 7 dismemberment, amputation, decapitation, maiming, 1 8 disfigurement, mutilation of body parts, or rape. 1 9 4. "Sexually explicit video game" means a video game that 1 10 the average person applying contemporary community standards 1 11 would find, with respect to minors, is designed to appeal or 1 12 pander to the prurient interest and depict or represent in a 1 13 manner patently offensive, with respect to minors, an actual 1 14 or simulated sexual act or sexual contact, an actual or 1 15 simulated normal or perverted sexual act, or lewd exhibitions 1 16 of the genitals or postpubescent female breast. 1 17 5. "Video game" means an object or device that stores 1 18 recorded data or instructions, receives data or instructions 1 19 generated by a person who uses the object or device, and by 1 20 processing the data or instructions, creates an interactive 1 21 game capable of being played, viewed, or experienced on or 1 22 through a computer, gaming system, console, or other 1 23 technology. 1 24 6. "Video game retailer" means a person, corporation, 1 25 partnership, or other business entity that is in the business 1 26 of selling or renting video games to the public. 1 27 7. "Violent video game" means a video game that depicts or 1 28 simulates violence against a person in which the player of the 1 29 video game simulates killing or causing serious physical 1 30 injury to another person. 1 31 Sec. 2. NEW SECTION. 728A.2 SALE OR RENTAL OF VIOLENT 1 32 VIDEO GAMES. 1 33 1. An employee shall not sell, rent, or permit to be sold 1 34 or rented, a violent video game to a minor. 1 35 2. An employee does not commit a violation of this section 2 1 if any of the following apply: 2 2 a. The employee is a family member of the minor. 2 3 b. The minor exhibited to the employee a draft card, 2 4 driver's license, birth certificate, or other official or 2 5 apparently official document purporting to establish that the 2 6 minor was eighteen years of age or older. 2 7 c. The video game sold or rented was prepackaged and rated 2 8 early childhood (EC), everyone (E), everyone ten and older 2 9 (E10+), or teen (T) by the entertainment software ratings 2 10 board. 2 11 3. An employee who commits a violation of this section 2 12 commits a simple misdemeanor. 2 13 Sec. 3. NEW SECTION. 728A.3 SALE OR RENTAL OF SEXUALLY 2 14 EXPLICIT VIDEO GAMES. 2 15 1. An employee shall not sell, rent, or permit to be sold 2 16 or rented, a sexually explicit video game to a minor. 2 17 2. An employee does not commit a violation of this section 2 18 if any of the following apply: 2 19 a. The employee is a family member of the minor. 2 20 b. The minor exhibited to the employee a draft card, 2 21 driver's license, birth certificate, or other official or 2 22 apparently official document purporting to establish that the 2 23 minor was eighteen years of age or older. 2 24 c. The video game sold or rented was prepackaged and rated 2 25 EC, E, E10+, or T by the entertainment software ratings board. 2 26 3. An employee who commits a violation of this section 2 27 commits a simple misdemeanor. 2 28 Sec. 4. NEW SECTION. 728A.4 VIDEO GAME RETAILER == 2 29 RESTRICTIONS. 2 30 1. A video game retailer shall label all violent video 2 31 games and sexually explicit video games to be sold by the 2 32 video game retailer with a solid white image depicting the 2 33 number "18" outlined in black. The image shall have 2 34 dimensions of no less than two inches by two inches. The 2 35 image shall be displayed on the front face of the violent 3 1 video game or sexually explicit video game. 3 2 2. A video game retailer who sells, rents, or permits to 3 3 be sold or rented any violent video game or sexually explicit 3 4 video game through use of an electronic scanner shall program 3 5 the electronic scanner to prompt the sales clerk to check the 3 6 identification of the customer before a sale or rental 3 7 transaction is completed. 3 8 3. A video game retailer shall not sell or rent, or permit 3 9 to be sold or rented, any violent video game or sexually 3 10 explicit video game through the use of a self=scanning 3 11 checkout mechanism. 3 12 4. A video game retailer who commits a violation of this 3 13 section shall be punished by a civil fine of five hundred 3 14 dollars. 3 15 EXPLANATION 3 16 This bill relates to the sale of violent or sexually 3 17 explicit video games. 3 18 The bill prohibits an employee from selling, renting, or 3 19 permitting the sale or rental of a violent or sexually 3 20 explicit video game to a minor. An employee who sells or 3 21 rents or permits the sale or rental of such a video game to a 3 22 minor commits a simple misdemeanor. 3 23 An employee does not commit a violation of the bill if the 3 24 employee is a family member of the minor, the minor exhibited 3 25 identification purporting to establish that the minor was 18 3 26 years of age or older, or the video game was prepackaged and 3 27 rated appropriate for a minor. 3 28 The bill defines "employee" to mean an employee, 3 29 contractor, manager, or owner. 3 30 The bill requires a video game retailer to label all 3 31 violent or sexually explicit video games with a solid white 3 32 image depicting the number "18" outlined in black. The bill 3 33 also requires a video game retailer who uses an electronic 3 34 purchase scanner to program the scanner to prompt the sales 3 35 clerk to check the identification of the customer before a 4 1 sale or rental transaction is completed. A video game 4 2 retailer also shall not sell or rent videos using a self= 4 3 scanning checkout mechanism. A video game retailer who 4 4 violates these provisions of the bill is subject to a $500 4 5 civil fine. 4 6 The bill defines "violent video game" to mean a video game 4 7 that depicts or simulates violence against a person in which 4 8 the player of the video game simulates killing or causing 4 9 serious physical injury to another person. 4 10 The bill defines "sexually explicit video game" to mean a 4 11 video game that the average person applying contemporary 4 12 community standards would find, with respect to minors, is 4 13 designed to appeal or pander to the prurient interest and 4 14 depict or represent in a manner patently offensive, with 4 15 respect to minors, an actual or simulated sexual act or sexual 4 16 contact, an actual or simulated normal or perverted sexual 4 17 act, or lewd exhibitions of the genitals or postpubescent 4 18 female breast. 4 19 LSB 5632HH 81 4 20 jm:nh/je/5