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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