I
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 re-
ferred 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 Representa-
tives 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 pub-
lishing, 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 harm-
ful to minors and reasonable restrictions will signifi-
cantly 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 En-
tertainment Software Rating Board.
(5) The sale of video and computer games sub-
stantially 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 pur-
chasing 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
‘‘§ 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 gam-
ing device using a television or computer.
‘‘§ 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.
‘‘§ 2733. Penalties
‘‘(a) FIRST VIOLATION.—Whoever knowingly violates
section 2732 shall be fined not more than $1,000.
‘‘(b) SECOND VIOLATION.—Whoever knowingly vio-
lates 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 minors ................................................................... 2731’’.
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