Senate File 2071 - Introduced
SENATE FILE
BY IVERSON and SHULL
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the sale of violent or sexually explicit video
2 games to a minor, and providing penalties.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5151SS 81
5 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 5151SS 81
4 20 jm:nh/je/5