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                                                       PRINTER'S NO. 987

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 822 Session of 2003


        INTRODUCED BY WAGNER, LOGAN, TARTAGLIONE, COSTA, MUSTO, ORIE,
           RAFFERTY, MOWERY, WONDERLING AND RHOADES, JUNE 17, 2003

        REFERRED TO JUDICIARY, JUNE 17, 2003

                                     AN ACT

     1  Amending Title 18 (Crimes and Offenses) of the Pennsylvania
     2     Consolidated Statutes, providing for the offense of selling
     3     or furnishing violent video or computer games to minors.

     4     The General Assembly hereby finds and declares as follows:
     5         (1)  Within the last ten years the video game market,
     6     particularly the use of home video game systems, has exploded
     7     throughout this Commonwealth and the nation.
     8         (2)  Video games are available to children not only at
     9     traditional places of business specializing in amusement but
    10     also through a variety of retail outlets and magazine sales
    11     for home use and by communication on the Internet.
    12         (3)  Improvements to the picture, speed and resolution of
    13     the new age of video games have made the depiction of
    14     characters, places and events contained in the games
    15     amazingly realistic.
    16         (4)  Some, but not all, video games contain graphic and
    17     repeated scenes of violence which include decapitation,
    18     bloodshed, dismemberment, killing and death by the use of

     1     lethal weapons or hand-to-hand combat.
     2         (5)  The General Assembly recognizes that violent crime
     3     is a serious and persistent problem in our society,
     4     especially among our youth.
     5         (6)  The General Assembly further recognizes that, as
     6     confirmed by current scientific data, the repeated exposure
     7     to graphic violence and participation in violent interactive
     8     games may contribute to violent behavior by our youth and
     9     desensitizes them to acts of violence.
    10         (7)  Information regarding the content of graphic
    11     violence contained in movies and television programs as well
    12     as information regarding the lyrics of music is provided to
    13     consumers and parents so that they may make choices
    14     concerning the depiction of violence and whether they elect
    15     to have their children exposed to such content.
    16     The General Assembly of the Commonwealth of Pennsylvania
    17  hereby enacts as follows:
    18     Section 1.  Title 18 of the Pennsylvania Consolidated
    19  Statutes is amended by adding a section to read:
    20  § 6321.  Selling or furnishing violent video or computer games
    21             to minors.
    22     (a)  Offense defined.--A person commits a summary offense if
    23  the person sells, rents or otherwise provides for use for a
    24  charge any violent video or computer game to a minor. A person
    25  commits a misdemeanor of the third degree for a second or
    26  subsequent violation of this subsection.
    27     (b)  Required listings.--A person or business offering any
    28  video game or computer game for sale, loan or use shall make
    29  available the most recent listings of the Entertainment Software
    30  Rating Board for the inspection and review by any potential
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     1  purchaser, user or transferee of such video or computer game.
     2  Failure to make such information available shall constitute a
     3  summary offense for a first offense and a misdemeanor of the
     4  third degree for a second or subsequent violation of this
     5  subsection.
     6     (c)  Definitions.--As used in this section, the following
     7  words and phrases shall have the meanings given to them in this
     8  subsection:
     9     "Entertainment Software Rating Board."  The independent
    10  rating system established by the Interactive Digital Software
    11  Association developed to provide consumer information regarding
    12  the content of video and computer software games and which may
    13  be found on the Internet at the Entertainment Software Rating
    14  Board World Wide Web site.
    15     "Minor."  Any person under 18 years of age.
    16     "Violent video or computer game."  A video or computer game
    17  that contains realistic or photograph-like depictions of
    18  aggressive conflict in which the player kills, injures or
    19  otherwise causes physical harm to a human form.
    20     Section 2.  This act shall take effect in 60 days.







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