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A bill to be entitled |
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An act relating to video games; creating s. 847.0123, |
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F.S.; defining "adult video game"; prohibiting the sale or |
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rental of adult video games to minors; providing a |
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defense; requiring proof of age to be presented prior to |
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sale or rental of such video games; prohibiting the |
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purchase or rental of adult video games by minors; |
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providing penalties; providing for application; providing |
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an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Section 847.0123, Florida Statutes, is created |
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to read: |
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847.0123 Adult video games; definitions; prohibiting sale |
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or rental to a minor; prohibiting purchase or rental by a minor; |
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penalties; application.-- |
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(1) As used in this section: |
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(a) "Adult video game" means any game played via a |
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computer which contains representations or images of excessive |
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violence or nudity or sexual conduct that is harmful to minors. |
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(b) "Excessive violence" is the visual depiction or |
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representation of realistic serious injury to a human or a |
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human-like being. |
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(c) "Serious injury" includes amputation, decapitation, |
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dismemberment, bloodshed, mutilation, maiming, or disfigurement |
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which appeals to a minor's morbid interest in violence and is |
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patently offensive to the prevailing standards in the adult |
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community as a whole with respect to what is suitable material |
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for minors.
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(2) A person may not knowingly sell or rent an adult video |
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game to any minor. Any person who violates this subsection |
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commits a felony of the third degree, punishable as provided in |
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s. 775.082, s. 775.083, or s. 775.084. |
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(3) Any person who sells or rents adult video games shall |
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require that a person buying or renting an adult video game |
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present proof of age. It shall constitute a defense to the |
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offense in subsection (2) if the person selling or renting the |
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video game required that a person buying or renting an adult |
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video game present proof of age and that proof of age indicated |
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that the person buying or renting the video game was not a |
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minor.
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(4) A minor may not knowingly buy or rent an adult video |
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game. A minor violating this subsection commits a misdemeanor of |
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the second degree, punishable as provided in s. 775.082 or s. |
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775.083.
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(5) This section shall not apply to video game sales |
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transacted over the Internet.
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Section 2. This act shall take effect October 1, 2004. |