Topic: BILL NUMBER: AB 1179 "Video Game restrictions"

[CS justiceian]

Assembly Bill No. 1179

CHAPTER 638

An act to add Title 1.2A (commencing with Section 1746) to Part 4 of
Division 3 of the Civil Code, relating to violent video games.

[Approved by Governor October 7, 2005. Filed with
Secretary of State October 7, 2005.]

legislative counsel’s digest
AB 1179, Yee. Violent video games: sales to minors.
Existing law regulates the sale of certain merchandise, such as political
items and sports memorabilia.
This bill would require violent video games to be labeled as specified
and would prohibit the sale or rental of those violent video games, as
defined, to minors. The bill would provide that a person who violates the
act shall be liable in an amount of up to $1,000 for each violation.

The people of the State of California do enact as follows:

SECTION 1.  The Legislature finds and declares all of the following:

(a)  Exposing minors to depictions of violence in video games, including
sexual and heinous violence, makes those minors more likely to
experience feelings of aggression, to experience a reduction of activity in
the frontal lobes of the brain, and to exhibit violent antisocial or aggressive
behavior.

(b)  Even minors who do not commit acts of violence suffer
psychological harm from prolonged exposure to violent video games.

(c)  The state has a compelling interest in preventing violent, aggressive,
and antisocial behavior, and in preventing psychological or neurological
harm to minors who play violent video games.

SEC. 2.  Title 1.2A (commencing with Section 1746) is added to Part 4
of Division 3 of the Civil Code, to read:

TITLE 1.2A.  VIOLENT VIDEO GAMES

1746.  For purposes of this title, the following definitions shall apply:

(a)  “Minor” means any natural person who is under 18 years of age.

(b)  “Person” means any natural person, partnership, firm, association,
corporation, limited liability company, or other legal entity.

(c)  “Video game” means any electronic amusement device that utilizes
a computer, microprocessor, or similar electronic circuitry and its own
monitor, or is designed to be used with a television set or a computer
monitor, that interacts with the user of the device.

(d)  (1)  “Violent video game” means a video game in which the range
of options available to a player includes killing, maiming, dismembering,
or sexually assaulting an image of a human being, if those acts are
depicted in the game in a manner that does either of the following:

(A)  Comes within all of the following descriptions:

(i)  A reasonable person, considering the game as a whole, would find
appeals to a deviant or morbid interest of minors.

(ii)  It is patently offensive to prevailing standards in the community as
to what is suitable for minors.

(iii)  It causes the game, as a whole, to lack serious literary, artistic,
political, or scientific value for minors.

(B)  Enables the player to virtually inflict serious injury upon images of
human beings or characters with substantially human characteristics in a
manner which is especially heinous, cruel, or depraved in that it involves
torture or serious physical abuse to the victim.

(2)  For purposes of this subdivision, the following definitions apply:
(A) “Cruel” means that the player intends to virtually inflict a high
degree of pain by torture or serious physical abuse of the victim in addition
to killing the victim.

(B)  “Depraved” means that the player relishes the virtual killing or
shows indifference to the suffering of the victim, as evidenced by torture
or serious physical abuse of the victim.

(C)  “Heinous” means shockingly atrocious. For the killing depicted in
a video game to be heinous, it must involve additional acts of torture or
serious physical abuse of the victim as set apart from other killings.

(D) “Serious physical abuse” means a significant or considerable
amount of injury or damage to the victim’s body which involves a
substantial risk of death, unconsciousness, extreme physical pain,
substantial disfigurement, or substantial impairment of the function of a
bodily member, organ, or mental faculty. Serious physical abuse, unlike
torture, does not require that the victim be conscious of the abuse at the
time it is inflicted. However, the player must specifically intend the abuse
apart from the killing.

(E)  “Torture” includes mental as well as physical abuse of the victim.
In either case, the virtual victim must be conscious of the abuse at the time
it is inflicted; and the player must specifically intend to virtually inflict
severe mental or physical pain or suffering upon the victim, apart from
killing the victim.

(3)  Pertinent factors in determining whether a killing depicted in a
video game is especially heinous, cruel, or depraved include infliction of
gratuitous violence upon the victim beyond that necessary to commit the
killing, needless mutilation of the victim’s body, and helplessness of the
victim.

1746.1. 
(a)  A person may not sell or rent a video game that has been
labeled as a violent video game to a minor.

(b)  Proof that a defendant, or his or her employee or agent, demanded,
was shown, and reasonably relied upon evidence that a purchaser or renter
of a violent video game was not a minor or that the manufacturer failed to
label a violent video game as required pursuant to Section 1746.2 shall be
an affirmative defense to any action brought pursuant to this title. That
evidence may include, but is not limited to, a driver’s license or an
identification card issued to the purchaser or renter by a state or by the
Armed Forces of the United States.

(c)  This section shall not apply if the violent video game is sold or
rented to a minor by the minor’s parent, grandparent, aunt, uncle, or legal
guardian.

1746.2.  Each violent video game that is imported into or distributed in
California for retail sale shall be labeled with a solid white “18” outlined
in black. The “18” shall have dimensions of no less than 2 inches by 2
inches. The “18” shall be displayed on the front face of the video game
package.

1746.3. Any person who violates any provision of this title shall be
liable in an amount of up to one thousand dollars ($1,000), or a lesser
amount as determined by the court. However, this liability shall not apply
to any person who violates those provisions if he or she is employed solely
in the capacity of a salesclerk or other, similar position and he or she does
not have an ownership interest in the business in which the violation
occurred and is not employed as a manager in that business.

1746.4.  A suspected violation of this title may be reported to a city
attorney, county counsel, or district attorney by a parent, legal guardian, or
other adult acting on behalf of a minor to whom a violent video game has
been sold or rented. A violation of this title may be prosecuted by any city
attorney, county counsel, or district attorney.

1746.5.  The provisions of this title are severable. If any provision of
this title or its application is held to be invalid, that invalidity shall not
affect other provisions or applications that can be given effect without the
invalid provision or application.


This bill is total crap and needs to be sure its killed. I say Screw umn. I will play any kind of game I want any way I want and with any content I choose. Back off *&*&*&*&*&*&&*

[CS justiceian]

Here is a link to the Video Game Voters website that has most all the info on this subject.

http://videogamevoters.org/scotus

Be sure to tell your friends about this and keep track of things as they go along. I say we should be able to play what we want.

I just got out of a party that was on the line with XBOX and they said the best way to get XBOX & Microsoft involved in this is to bring it up in the forums on XBOX.com

So lets go make sure we get them in the battle so this will get killed fast and we can go back to playing anything we want any way we want.

[refuse_orders]

Re formatted it slightly so it is easier to read.

[Jus DoC HoLiDaY]

Ace Combat shouldn't apply....

There's Ejection Seats...parachutes..and remotely controlled aircraft. Piece of cake..if you bake a dough nut..someones putting a finger in the hole....hehehe and that's the nice analogy.

[CS justiceian]

Thanks Ref.

[AirForce0TW]

Thanks Refuse. that helps a lot.

First of all, this is a load of bullshit that smells worse than anything Sinners aka Blarney could ever crap out on a forum. But Jason, this doesn't really apply to you. This is my fight.

Since you're over 18 (although you somtimes act like you're under 4      this bill won't affect you or your gaming habits. This chunk of dung is targeting minors, like myself. And I would like to point out that anyone who says "Exposing minors to depictions of violence in video games, including sexual and heinous violence, makes those minors more likely to experience feelings of aggression, to experience a reduction of activity in the frontal lobes of the brain, and to exhibit violent antisocial or aggressive behavior" has their head up their ass.

Gaming in no way affects my ability to socialize (that was screwed over from the get-go), my acedemic performance (I just earned an acedemic letter for having a GPA of above 3.75), my criminal record (ain't got one), or my behavior. I would never dream of intentionally harming another human being out of pure spite. There are a few guys I'd like to give a good one-two, but they deserve it. Games give me a common ground on which to socialize with other people, so it has actually helped me with my social skills.

The statement that "Even minors who do not commit acts of violence suffer psychological harm from prolonged exposure to violent video games" is also a load of elephant dung. Playing games does not give me PTSD, SCP, or AIDS, contrary to what this bill would lead you to believe.

So the facts that these here politicians are basing their argument on are bunk. pure and simple bunk. I know that this is so far just California, but these things tend to spread. and if the smell of this pile of manure wafts over to Denver, I'm in a tight spot.

The biggest problem I have with this is that they refuse to get their evidence from the group they are so desperately trying to protect; the youth of the nation. If they want to see if games are really bad for kids, try asking a kid. Don't ask some representative from the National Coalition to End Teenage Laziness, ask the people that this bill is affecting. And don't bring out some stoner who sits in his parent's basement smoking weed and playing Pokemon all day. Even the hardcore gamers looks down on that kind of person. Bring out a kid who represents the majority of the game-playing population. I bet if they walked down a street of a typical suburb, knocked on doors, and asked the following questions: "Is there a minor in the house who plays video games that are rated for violent content?" and "Does that minor have a criminal record, history of physically abusing others, strong tendancy to avoid social interaction, a GPA of 2.0 or lower, morbid obeseness, or addiction problems?" their results would be as follows: When the first answer was 'Yes,' the second answer was overwhelmingly 'No.'

But who am I kidding? they won't listen to minors. even if he's a Presedential Scholar, his statement against this wouldn't do squat. It's up to you guys, aged 18-29, to help us minors keep our right to choose our own way to play.

And that's all I have to say about that.

[CS justiceian]

WRONG this bill if upheld will destroy our gaming as we know it. The games that will be made will have very little combat in them and most won't be able to express the full power of any weapon they actually get to put into the game. We will loose all the FPS games that have blood death and weapons of any kind. We will loose all the RPG games that have demons devils and sexy girls in them at all. If its a weapons that causes damage to the body it will have to go cause we don't want a kid trying this to his friends. Plus every game will be required to give you some form of education. This may be aiming at you but it will hit us all. Plus if your under 18 you don't really have the bullet to fight it. If you cannot vote you really won't get far at all.

[AirForce0TW]

Good point, and I agree with you. However, the general consensus is that this thing has got to go. put it in a paper bag, put the bag on the doorstep of this California crongressman, light it on fire, and run like hell.

[LORD FERO]

I guess its back to Pac Man for all of us. I better practice.


~FeRo

[CS justiceian]

I say we just fuck them and make our own without any of there frikin aproval or not. I do not consent to be governed this way nor should anyone else. I don't give two shits what they say even if its made law ill play what I damn well please.

[Jus DoC HoLiDaY]

I fell down in a burning ring of fire.....I went down down down..and the flames got higher....and It burns burns burns........that ring of fire...that ring of firrrrre!

 -Johnny Cash

[CS justiceian]

"we'll put a boot in there ASS, its the American way"

Toby Keith