Senate Bill sb0492c1

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    Florida Senate - 2006                            CS for SB 492

    By the Committee on Judiciary; and Senators Diaz de la
    Portilla, King, Jones, Bennett, Smith, Baker, Alexander,
    Atwater, Dockery, Fasano, Crist, Webster, Sebesta, Margolis,
    Bullard, Clary, Posey, Wilson, Saunders, Pruitt and Lawson


    590-2195-06

  1                      A bill to be entitled

  2         An act relating to violent video games;

  3         providing legislative intent; providing

  4         definitions; prohibiting a person from selling

  5         or renting a video game to a minor, or allowing

  6         a minor to play a video game in a video arcade,

  7         if the video game has been labeled as a violent

  8         video game; providing exceptions to the

  9         prohibition; providing that having requested

10         identification from a person purchasing a video

11         game or playing a video game in a video arcade

12         is an affirmative defense to any action filed

13         under the act; requiring that each violent

14         video game that is imported into or distributed

15         in this state for retail sale, rental, or

16         playing in a video arcade, be labeled in a

17         specified manner; authorizing an enforcing

18         authority to commence a civil action to seek

19         injunctive relief to restrain or enjoin a

20         person from violating the act or to impose a

21         civil penalty; providing that attorney's fees

22         may be awarded under certain circumstances;

23         directing that any civil penalty recovered be

24         deposited into the General Revenue Fund;

25         providing that a violation of the act is a

26         misdemeanor; providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Distribution of violent video games to

31  minors prohibited; penalties.--

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    Florida Senate - 2006                            CS for SB 492
    590-2195-06




 1         (1)  The Legislature finds that:

 2         (a)  Minors who are exposed to depictions of violence

 3  in video games are more likely to experience feelings of

 4  aggression, to experience a reduction of activity in the

 5  frontal lobes of the brain, and to exhibit violent antisocial

 6  or aggressive behavior.

 7         (b)  Even minors who do not commit acts of violence

 8  suffer psychological harm from prolonged exposure to violent

 9  video games.

10         (c)  This state has a compelling interest in preventing

11  violent, aggressive, and antisocial behavior, and in

12  preventing psychological or neurological harm to minors who

13  play violent video games.

14         (2)  As used in this section, the term:

15         (a)  "Cruel" means the intention to virtually inflict a

16  high degree of pain by torture or serious physical abuse of

17  the image of a victim in addition to killing the image of the

18  victim.

19         (b)  "Depraved" means pleasure in the virtual killing

20  or indifference to the suffering of the image of the victim,

21  as evidenced by torture or serious physical abuse of the image

22  of a victim.

23         (c)  "Enforcing authority" means a county or municipal

24  attorney, the state attorney, the Department of Legal Affairs

25  if a violation of this section occurs in more than one

26  judicial circuit, or anyone aggrieved by a violation of this

27  section.

28         (d)  "Heinous" means shockingly atrocious. For the

29  killing depicted in a video game to be heinous, it must

30  involve additional acts of torture or serious physical abuse

31  of the image of a victim as set apart from other killings.

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    Florida Senate - 2006                            CS for SB 492
    590-2195-06




 1         (e)  "Minor" has the same meaning as in s. 1.01.

 2         (f)  "Person" has the same meaning as in s. 1.01.

 3         (g)  "Serious physical abuse" means a significant or

 4  considerable amount of injury or damage to the image of a

 5  victim's body suggesting substantial risk of death,

 6  unconsciousness, extreme physical pain, substantial

 7  disfigurement, or substantial impairment of the function of a

 8  bodily member, organ, or mental faculty. Serious physical

 9  abuse, unlike torture, does not require that the victim be

10  depicted as conscious of the abuse at the time it is

11  inflicted. However, the player must specifically intend the

12  abuse apart from the killing.

13         (h)  "Torture" includes mental as well as physical

14  abuse of the image of a victim. In either case, the victim

15  must be depicted as conscious of the abuse at the time it is

16  inflicted, and the player must specifically intend to

17  virtually inflict severe mental or physical pain or suffering

18  upon the victim, apart from killing the image of the victim.

19         (i)  "Victim" means a life-like depiction of a human

20  being or a character having substantially human

21  characteristics.

22         (j)  "Video arcade" means any premises where 10 or more

23  video game machines or devices are operated, and where minors

24  are legally permitted to enter.

25         (k)  "Video game" means any electronic amusement device

26  that uses a computer, microprocessor, or similar electronic

27  circuitry and its own monitor, or a device that is designed to

28  be used with a television set or a computer monitor, which

29  interacts with the user of the device.

30         (l)  "Violent video game" means a video game in which

31  the options available to a player include killing, maiming,

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    Florida Senate - 2006                            CS for SB 492
    590-2195-06




 1  dismembering, or sexually assaulting an image of a human

 2  being, if those acts are depicted in the game in a manner

 3  that:

 4         1.a.  A reasonable person, considering the game as a

 5  whole, would find appeals to a deviant or morbid interest of

 6  minors;

 7         b.  Is patently offensive to prevailing standards in

 8  the community concerning what is suitable for minors; and

 9         c.  Lacks serious literary, artistic, political, or

10  scientific value for minors; or

11         2.  Enables the player to virtually inflict serious

12  injury upon images of human beings or characters having

13  substantially human characteristics in a manner that is

14  especially heinous, cruel, or depraved in that it involves

15  torture or serious physical abuse to the image of a victim.

16  

17  Pertinent factors in determining whether a killing depicted in

18  a video game is especially heinous, cruel, or depraved include

19  infliction of gratuitous violence upon the image of a victim

20  beyond that necessary to commit the killing, needless

21  mutilation of the image of a victim's body, and helplessness

22  of the image of a victim.

23         (3)  A person may not sell or rent a video game to a

24  minor, or allow a minor to play a video game in a video

25  arcade, if the video game has been labeled as a violent video

26  game.

27         (4)  Proof that a person, or his or her employee or

28  agent, demanded, was shown, and reasonably relied upon

29  evidence that a purchaser or renter of a violent video game,

30  or the player of a violent video game in a video arcade, was

31  not a minor, or that the manufacturer failed to label a

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    Florida Senate - 2006                            CS for SB 492
    590-2195-06




 1  violent video game as required by subsection (6), is an

 2  affirmative defense to any action brought under this section.

 3  Evidence of majority includes, but need not be limited to, a

 4  driver's license or an identification card issued to the

 5  purchaser, renter, or player by a state or by the Armed Forces

 6  of the United States.

 7         (5)  This section does not apply if the violent video

 8  game is sold or rented to a minor by the minor's parent,

 9  grandparent, aunt, uncle, or legal guardian or is purchased or

10  rented on-line using a credit card.

11         (6)  Each violent video game that is imported into or

12  distributed in this state for retail sale, rental, or playing

13  in a video arcade must be labeled with a solid white "18"

14  outlined in black of not less than 2 inches by 2 inches. The

15  "18" must be displayed on the front face of the video game

16  package.

17         (7)(a)  An enforcing authority may institute a civil

18  action in order to:

19         1.  Seek injunctive relief to immediately restrain or

20  enjoin any person from engaging in any activity in violation

21  of this section or to seek injunctive relief to enforce

22  compliance with this section.

23         2.  Impose a civil penalty for each violation of this

24  section. If the person against whom the civil penalty is

25  sought is a person who possesses managerial responsibility for

26  a business entity selling, renting, or playing a violent video

27  game, the civil penalty may be in an amount of not more than

28  $1,000 per violation. If the person against whom the civil

29  penalty is sought is an employee of the business entity

30  selling, renting, or playing a violent video game, the civil

31  

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    Florida Senate - 2006                            CS for SB 492
    590-2195-06




 1  penalty may be in an amount of not more than $250 per

 2  violation.

 3         (b)  If a civil penalty is assessed in any litigation,

 4  the enforcing authority is entitled to reasonable attorney's

 5  fees and costs.

 6         (c)  If a civil penalty is collected, the penalty shall

 7  accrue to the state and be deposited into the General Revenue

 8  Fund.

 9         (8)(a)  A person who violates this section commits a

10  misdemeanor of the second degree, punishable as provided in s.

11  775.082 or s. 775.083, Florida Statutes.

12         (b)  A person who commits a second or subsequent

13  violation of this section commits a misdemeanor of the first

14  degree, punishable as provided in s. 775.082 or s. 775.083,

15  Florida Statutes.

16         Section 2.  This act shall take effect October 1, 2006.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 492

20                                 

21  The substantial changes made by the committee substitute to
    the underlying bill:
22  
    --   Add the term "victim" and its definition to the defined
23       terms in the bill; and

24  --   Provide that the restrictions on the sale or rental of
         video games made by the bill do not apply to video games
25       purchased or rented on-line with a credit card.

26  

27  

28  

29  

30  

31  

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