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| 1 | A bill to be entitled | ||
| 2 | An act relating to video games; creating s. 847.0123, | ||
| 3 | F.S.; defining "adult video game"; prohibiting the sale or | ||
| 4 | rental of adult video games to minors; providing a | ||
| 5 | defense; requiring proof of age to be presented prior to | ||
| 6 | sale or rental of such video games; prohibiting the | ||
| 7 | purchase or rental of adult video games by minors; | ||
| 8 | providing penalties; providing for application; providing | ||
| 9 | an effective date. | ||
| 10 | |||
| 11 | Be It Enacted by the Legislature of the State of Florida: | ||
| 12 | |||
| 13 | Section 1. Section 847.0123, Florida Statutes, is created | ||
| 14 | to read: | ||
| 15 | 847.0123 Adult video games; definitions; prohibiting sale | ||
| 16 | or rental to a minor; prohibiting purchase or rental by a minor; | ||
| 17 | penalties; application.-- | ||
| 18 | (1) As used in this section: | ||
| 19 | (a) "Adult video game" means any game played via a | ||
| 20 | computer which contains representations or images of excessive | ||
| 21 | violence or nudity or sexual conduct that is harmful to minors. | ||
| 22 | (b) "Excessive violence" is the visual depiction or | ||
| 23 | representation of realistic serious injury to a human or a | ||
| 24 | human-like being. | ||
| 25 | (c) "Serious injury" includes amputation, decapitation, | ||
| 26 | dismemberment, bloodshed, mutilation, maiming, or disfigurement | ||
| 27 | which appeals to a minor's morbid interest in violence and is | ||
| 28 | patently offensive to the prevailing standards in the adult | ||
| 29 | community as a whole with respect to what is suitable material | ||
| 30 | for minors. | ||
| 31 | (2) A person may not knowingly sell or rent an adult video | ||
| 32 | game to any minor. Any person who violates this subsection | ||
| 33 | commits a felony of the third degree, punishable as provided in | ||
| 34 | s. 775.082, s. 775.083, or s. 775.084. | ||
| 35 | (3) Any person who sells or rents adult video games shall | ||
| 36 | require that a person buying or renting an adult video game | ||
| 37 | present proof of age. It shall constitute a defense to the | ||
| 38 | offense in subsection (2) if the person selling or renting the | ||
| 39 | video game required that a person buying or renting an adult | ||
| 40 | video game present proof of age and that proof of age indicated | ||
| 41 | that the person buying or renting the video game was not a | ||
| 42 | minor. | ||
| 43 | (4) A minor may not knowingly buy or rent an adult video | ||
| 44 | game. A minor violating this subsection commits a misdemeanor of | ||
| 45 | the second degree, punishable as provided in s. 775.082 or s. | ||
| 46 | 775.083. | ||
| 47 | (5) This section shall not apply to video game sales | ||
| 48 | transacted over the Internet. | ||
| 49 | Section 2. This act shall take effect October 1, 2004. | ||