[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 669 Introduced in House (IH)]







108th CONGRESS
  1st Session
                                H. R. 669

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2003

   Mr. Baca 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 2003''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The video game industry has grown into a $10 billion 
        market for game software publishing, wholesaling, and 
        retailing.
            (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) On July 26, 2000, six of the Nation's most respected 
        public health groups, including the American Medical 
        Association, the American Academy of Pediatrics, the American 
        Academy of Family Physicians, and the American Academy of Child 
        and Adolescent Psychiatry, found that viewing entertainment 
        violence can lead to increases in aggressive attitudes, 
        behaviors, and values, particularly in children.
            (4) The ratings and content descriptors of video and 
        computer games issued by the entertainment industry reflect the 
        notion that certain video and computer games are suitable only 
        for adults due to graphic depictions of sex or violence.
            (5) 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 games rated as 
        ``Mature'' by the Entertainment Software Rating Board.
            (6) The sale of video games and computer games 
        substantially affects interstate commerce because they are sold 
        in interstate commerce on a nationwide basis.
            (7) 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.
            (8) There is a need to enact narrowly tailored legislation 
        to restrict the sale and use of video games that contain sexual 
        or violent content that is intended for adults only, and that 
        such legislation not restrict adults' access to these games.

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

    (a) In General.--Part 1 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 chapter, the following definitions apply:
            ``(1) The term `graphic violence' means the visual 
        depiction of serious injury to human beings, actual or virtual, 
        including aggravated assault, decapitation, dismemberment, or 
        death.
            ``(2) The term `content harmful to minors' means video game 
        content that predominantly appeals to minors' morbid interest 
        in violence or minors' prurient interest in sex, is patently 
        offensive to prevailing standards in the adult community as a 
        whole with respect to what is suitable material for minors, and 
        lacks serious literary, artistic, political, or scientific 
        value for minors, and contains--
                    ``(A) graphic violence;
                    ``(B) sexual violence; or
                    ``(C) strong sexual content.
            ``(3) The term `minor' means a person age 17 and younger.
            ``(4) The term `nudity' means the visual depiction, actual 
        or virtual, of the human male or female genitals, pubic area or 
        buttocks with less than a fully opaque covering, of a female 
        breast with less than a fully opaque covering of any part of 
        the nipple or of any portion of the breast below the nipple, or 
        the depiction of covered male genitals in a discernibly turgid 
        state.
            ``(5) The term `sexual conduct' means acts, actual or 
        virtual, of masturbation, sexual intercourse, or physical 
        contact with a person's clothed or unclothed genitals, pubic 
        area, buttocks or, if such person be a female, a breast.
            ``(6) The term `strong sexual content' means the visual 
        depiction, actual or virtual, of human nudity or explicit human 
        sexual behavior, including acts of masturbation, deviate sexual 
        conduct, sexual intercourse, or fondling of genitals.
            ``(7) The term `sexual violence' means the visual 
        depiction, actual or virtual, of rape or other sexual assault.
            ``(8) The term `video game' means any copy of an electronic 
        game that may be played using a portable electronic device or 
        with a hand-held gaming device using a television or computer.
``Sec. 2732. Prohibition on sale or rental of adult 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 nudity, sexual conduct, 
or other content harmful to minors, 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.''.
    (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>