Federal Legislation

Video Game Decency Act of 2007 – H.R. 1531

Rep. Fred Upton (R-MI)

Prohibits deceptive acts and practices on the part of developers and publishers of video games in disclosing content of games to the ESRB.

The bill would also preempt state and local laws regulating videogame ratings or regulating the sale, rental or display of a videogame based on its “constitutionally protected content.”

- March 2007 - Introduced in the House. 

- Referred to Committee on Energy and Commerce.

- Similar Bill, H.R. 6120, died in 2006.

Pending.

Federal Legislation

Truth in Video Game Rating Act – S. 568

Sen. Sam Brownback (R-KS)

Directs the Federal Trade Commission to prescribe rules to prohibit deceptive conduct in the rating of video games.

Note - Similar Bill (S. 3935) died in 2006 Congressional Session.

- S.568 introduced in February 2007 Session, and referred to Committee on Commerce, Science, and Transportation.

Pending.

Federal Legislation

Children Protection from Video Game Violence & Sexual Content Act – H.R. 2958

Rep. Joe Baca (D-CA)

Will direct the FTC to review the video game ratings of the ESRB, and to direct the GAO to study the impact of children and young adults.

July 2007 – Introduced to House.

- Referred to House Committee on Energy & Commerce.

- Referred to Subcommittee on Commerce, Trade and Consumer Protection.

Pending.

California

 “Ultra violent Video Games”  - Assembly Bills 1792 & 1793

Rep. Leland Yee (D)

Bill 1792 banned the sales of such video games while Bill 1793 required signs explaining the regulations on said games to be placed where such were sold

- Both Bills were passed and signed by Governor Swarzenegger into law in October of 2005.

- December 2005 - Northern District of California Judge Ronald Whyte issued a preliminary injunction blocking the law from taking effect.

- August 2007 – Judge Whyte ruled that the law is unconstitutional.

- Governor Schwarzenegger will appeal Whyte’s ruling. 

Ruled unconstitutional by the Northern District of California.

On appeal in the 9th U.S. District Court of Appeals.

Delaware

HB 77

Reps. Helene M. Keeley (D)

Prohibits sale or rental of M and AO-rated games to minors; requires ID at purchase; requires ESRB ratings to be displayed at point of sale. 

- March 2007 – Introduced to Delaware Assembly.

- May 2007 – Assigned to House Judiciary Committee.

Pending.

Georgia

SB 106

Sens. Doug Stoner, William Hamrick, Curt Thompson, Chip Rogers

Requires anyone who sells or rents video games to display a sign explaining the ESRB rating system.

This Bill was passed and signed into law.

Passed.

Illinois

HB4023 – Safe Games Illinois Act

Rep. Linda Chapa LaVia (D)

Anyone who sells, rents, or permits to be sold or rented, any violent or sexually explicit video game to any minor, commits a Class A misdemeanor for which a fine of $5,000 may be imposed.

Passed the Illinois Legislature in July 2005.

- December 2005 - U.S. District Judge Matthew Kennelly issued injunction against measure, as it is protected under First Amendment.

- Gov. Rod Blagojevich ordered an appeal on portions of the law dealing with sexually explicit material (Illinois Sexually Explicit Video Game Law – SEVGL).

- November 2006 - The 7th U.S. Circuit Court of Appeals upheld lower court decision that the law is unconstitutional and too broad.

Ruled unconstitutional by the Seventh Circuit Court of Appeal.

Indiana

SB 238

Sen. David Ford (R) and Sen. Vi Simpson (D)

Makes it unlawful to sell M or AO rated video games to minors.  Violations could result in $1,000 fines.

- Note: A similar bill failed to pass in 2006. 

- February 2007 - Current bill passed Senate Economic Development and Technology Committee in 5-2 vote.

- February 2007 – Bill put on hold for constitutional concerns, awaiting rewrite addressing concerns.

On hold for “constitutional concerns.”

Louisiana

HB 1381

Rep. Roy Burrell (D)

Allows a judge to rule on whether or not a video game meets established criteria for being inappropriate for minors and be subsequently pulled from store shelves.

- June 2006 - Signed into law by Gov. Kathleen Blanco to take effect immediately.

- August 2006 - ESA & EMA announced decision to file suit.

- August 2006 - Judge James Brady issued a temporary injunction.

- November 2006 - Judge James Brady officially ruled law unconstitutional.

Ruled unconstitutional by the Middle District of Louisiana. 

Louisiana

SB 340

Sen. James David Cain (R)

Similar to Maryland’s law, this Bill makes it unlawful to distribute sexually-explicit video games to minors.

- August 2006  - Signed by Gov. Blanco to take effect immediately.

Note: Also like the Maryland law, the ESA supports this measure.

Passed.

Maryland

HB 707

Reps. Wade Kach (R) & Justin Ross (D)

Bans games containing sexually explicit content to minors (narrowly defines content as that which would be found in pornographic movies or magazines.)

Signed by Republican Governor Robert Ehrlich, and will take effect October 1, 2006.

Note: ESA supports this measure.

Passed.

Massachusetts

Has not been assigned.

Drafted by Attorney Jack Thompson upon request of Boston Mayor, Thomas Menino.  The drafted legislation does not have a sponsor as of yet.

Harmful to minor’s measure, blocks minors purchase of games depicting violence.

Note: This measure has not been introduced as of yet, but is supported by Boston Mayor Thomas Menino and other House Representatives.

Has not been introduced.

Massachusetts

HB 1423

Rep. Linda Dorcena Forry (D)

“Games as Porn” Bill.  Would seek to restrict minors from purchasing violent video games using the same logic that restricts minors from purchasing sexually explicit materials.  Defines games as harmful to minors. 

The Bill was drafted with the help of Jack Thompson, and uses similar language to the failed Louisiana law.

March 2008 – Introduced and hearing scheduled to consider the Bill.

Note: This Bill is supported by the Mayor of Boston.

Introduced.

Michigan

Protect Children from Ultra-Violent and Sexually Explicit Video Games - SB 249 & 416 HB 4702 & 4703

Sen. Hansen Clarke (D)

A person shall not sell or rent a restricted video game (those rated Adult or Mature) to anyone less than 17 years of age.

Signed by Governor Granholm to become Public Act 104 of 2005.

- April 2006 - Federal Judge George Caram Steeh ruled the Act unconstitutional.

Note: An appeal or rewrite of the law is planned in the future. 

Ruled unconstitutional by the Eastern District of Michigan.

Minnesota

SF 0785 and
HF 1298

Rep. Jeff Johnson (R)

Restricts sales or rentals of Mature or Adult Only video games to minors, however, placed onus on the minors, in that minors caught trying to purchase/rent violent games would be fined $25.

- June 2006  - The measure was signed into law.

- July 2006 ­ - Overturned by Judge James Rosenbaum, who ruled the law unconstitutional, citing a lack of evidence showing that video game violence is harmful to children.

- February 2007  - Arguments heard in appeal filed by the State.

-  March 2008 – Law ruled unconstitutional by 8th Circuit. 

The Eight Circuit upheld lower court’s ruling that the law is unconstitutional. 

Mississippi

SB 2726

Sen. Gray Tollison (D)

Mandates $100 fines for retailers who sell M- and AO-rated games to minors.

- January 2007 ­ - Bill died in Committee immediately upon introduction.

Note: A similar bill introduced in 2006 also died in Committee.

Bill dead.

New Mexico

HB583

Rep. Gail Chasey (D)

Proposed an additional tax on video games and consoles to fund childrens’ programs.

Also known as the “Leave No Child Inside” Bill.

-  January 2008- Bill introduced to legislature.

Bill died.

New York

S05888

Sen. Andrew Lanza (R)

Establishes the advisory council on interactive media and youth violence consisting of nine members and six ex-officio members; requires the rating of video games; establishes the parent/teacher anti-violence awareness program; and creates the parent/teacher anti-violence awareness fund.

- May 2007 – Passed the Senate, delivered to the Assembly, referred to Codes.

- Note – The law is supported by Governor Eliot Spitzer.

Passed the Senate.

New York

A08696

Reps. Joseph Lentol (D), Audrey Pheffer (D), and Sheldon Silver (D)

Provides that dissemination of violent and indecent video games to minors shall be a class E felony; creates an advisory council on interactive media and youth violence and requires video game consoles to be equipped with a device or control to permit owners to prevent the display of violent or indecent video games.

- May 2007 – Referred to Codes.

- Note: Law is supported by Governor Eliot Spitzer.

Passed the Assembly.

Oklahoma

HB 3004 – Materials Harmful to Minors

Rep. Fred Morgan (R)

Seeks to limit the sales of violent games to minors; includes violent video games on a list of materials that is considered harmful to minors; requires stores to stock games out of plain sight.

- June 2006  - Signed into law by Gov. Brad Henry (D), to take effect November 1, 2006. 

- September 2006 - ESA filed suit, challenging the law on constitutional grounds.

- October 2006 ­ - Western District Judge Robin Cauthron issued a preliminary injunction to block the law from taking effect.

- September 2007 – Judge Cauthron issues permanent injunction based on the 1st and 14th Amendments.

Ruled unconstitutional by the Western District of Oklahoma. 

Utah

HB 50/HJR 15

Rep. Scott Wyatt (R)

Bill authored by Attorney Jack Thompson, similar to Louisiana law that sought to include “inappropriate violence” with sexual content in a list of materials harmful to minors.  Also draws on Miller test to describe depictions of violence.  Restricts minors’ access to violent video games.

Note: Similar bill (HB 257) died in committee in 2006.

- February 2007 - The bill died in committee due to constitutional concerns.  Sponsor instead compromised with a non-binding resolution, HJR 15, which calls upon AG to monitor other states’ efforts to legislate video games. 

HJR 15 passed the House. 

Virginia

SB 368

Sen. Henry L. Marsh III (D)

Requires that M-rated games bear a rating label which is "asquare with sides not less than three inches long, and with type stating that the video game may be suitable only for persons age 17 or older that is not smaller than twelve-point type."

- Passed Committee for Courts of Justice, will continue in 2007 Session.

Pending.

Washington

HB 1009

Rep. Mary Lou Dickerson (D)

Bans sale of video games to minors that portrays realistic violence towards law enforcement officers.

- The measure passed and was signed into law by the Governor in 2003.

- July 2004  - Judge Robert Lasnik of the Western District of Washington issued an injunction against the law, and later ruled that the law is indeed unconstitutional.

Ruled unconstitutional Western District of Washington.

Washington

HB 2178

Rep. Mary Lou Dickerson (D)

Allows a person to maintain an action for personal injury or wrongful death against a manufacturer or retailer of violent video games, if the manufacturer or retailer has distributed violent video games to a minor and the game was a factor in creating conditions that assisted or encouraged the person to cause injury or death to another person.

- February 2005 ­– Introduced and referred to House Juvenile Justice and Family Law Committee.

- Bill died in 2006 Session.

Dead.

Washington

Requiring Video Game Retailers to Inform Consumers About Video Game Rating Systems – HB 1366

Rep. Mary Helen Roberts (D)

Requires video game retailers to post signs regarding ESRB rating system, as well as provide information detailing rating system to consumers upon request.

The Bill was passed and signed into law by Gov. Gregoire in 2005. 

Passed.

Wisconsin

Bill not filed and no co-sponsors at this point.

Sen. Jon Erpenbach

Proposed a 1% sales tax on video games and consoles to fund a juvenile justice program.

-  January 2008 – State Senator proposes idea.

Proposal denied.

Indianapolis, Indiana

City Ordinance

City Ordinance restricting minor’s access to violent video arcade games, requires coin-operated games featuring graphic violence or strong sexual content to have warning labels and be kept at least 10 feet from any nonviolent game machines.

7th U.S. Circuit Court of Appeals issued an injunction against the ordinance

Ruled unconstitutional by the 7th Circuit Court of Appeals.

St. Louis, Missouri

City Ordinance

An Ordinance restricting the sale or rental of violent video games to minors, requiring parental consent.

The Ordinance was passed and upheld originally in the District Court, but the Eighth Circuit Court of Appeals ruled the Ordinance unconstitutional.

Ruled unconstitutional by the Eighth Circuit Court of Appeals.