[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4645 Introduced in House (IH)]







107th CONGRESS
  2d Session
                                H. R. 4645

 To amend title 18, United States Code, to prohibit the sale or rental 
                    of adult video games to minors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 2, 2002

   Mr. Baca (for himself, Mr. Turner, Mr. Serrano, Mr. Shimkus, Mrs. 
 Napolitano, Mr. Hoyer, Ms. Roybal-Allard, Ms. Lofgren, Ms. Solis, Mr. 
Menendez, Mr. Rodriguez, Mr. Hinojosa, Mr. Acevedo-Vila, Mr. Underwood, 
 Mr. Ortiz, Ms. Millender-McDonald, Mrs. Mink of Hawaii, Mr. Green of 
Texas, Mr. Owens, Mr. Honda, Mr. Phelps, and Mr. Baird) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 18, United States Code, to prohibit the sale or rental 
                    of adult video games to minors.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protect Children from Video Game Sex 
and Violence Act of 2002''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The video game industry has grown into a $9,300,000,000 
        market for game software publishing, wholesaling, and 
        retailing, and is growing at a rate of 15 percent per year.
            (2) The use and observation of video games that contain 
        sexual or violent content can be harmful to minors and 
        reasonable restrictions will significantly decrease the number 
        of minors using these games.
            (3) The ratings and content descriptors of video and 
        computer games issued by the entertainment software industry 
        reflect the notion that certain video and computer games are 
        suitable only for adults due to graphic depictions of sex or 
        violence.
            (4) In December 2001, a study by the Federal Trade 
        Commission showed that retailers allowed 78 percent of 
        unaccompanied minors, ages 13 to 16, to purchase video games 
        rated as ``Mature'' by the Entertainment Software Rating Board.
            (5) The sale of video and computer games substantially 
        affects interstate commerce because they are sold in interstate 
        commerce on a nationwide basis.
            (6) Congress recognizes that the Nation has a compelling 
        interest in preventing minors from purchasing video and 
        computer games that are only suitable for adults due to graphic 
        depictions of sex or violence.
            (7) There is a need to enact narrowly tailored legislation 
        to prevent the sale to and use by minors of video games that 
        contain sexual or violent content that is intended for adults 
        only.

SEC. 3. PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO MINOR.

    (a) In General.--Part I of title 18, United States Code, is amended 
by adding at the end the following new chapter:

 ``CHAPTER 124--PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO 
                                 MINORS

``Sec.  2731. Definitions
    ``As used in this Act--
            ``(1) the term `minor' means a person age 17 and younger; 
        and
            ``(2) the term `video game' means any copy of a video game 
        that is meant for use in a stand-alone arcade or that may be 
        played with a hand-held gaming device using a television or 
        computer.
``Sec.  2732. Prohibition on sale or rental of video games to minors
    ``Whoever sells at retail or rents, or attempts to sell at retail 
or rent, to a minor any video game that depicts--
            ``(1) decapitation, amputation, dismemberment, or 
        mutilation;
            ``(2) the killing of human beings or human-like beings by 
        the use of an object as a lethal weapon or hand-to-hand 
        fighting;
            ``(3) the car jacking of a vehicle;
            ``(4) the use of illegal drugs;
            ``(5) rape or other sexual assault;
            ``(6) prostitution;
            ``(7) aggravated assault or battery; or
            ``(8) any other violent felony
``shall be fined under this chapter.
``Sec.  2733. Penalties
    ``(a) First Violation.--Whoever knowingly violates section 2732 
shall be fined not more than $1,000.
    ``(b) Second Violation.--Whoever knowingly violates section 2732, 
having previously been fined under subsection (a), shall be fined not 
less than $1,000 and not more than $5,000.
    ``(c) Subsequent Violations.--Whoever knowingly violates section 
2732, having previously been fined under subsection (b), shall be fined 
not less than $5,000 or be imprisoned for not more than 90 days, or 
both.''.
    (b) Clerical Amendment.--The table of chapters at the beginning of 
part I of title 18, United States Code, is amended by adding at the end 
the following new item:


``124. Prohibition on sale or rental of adult video games to    2731''.
                            minors.
                                 <all>