BILL NUMBER: AB 1792	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Yee
    (Principal coauthor:  Assembly Member Runner) 
    (Principal coauthors:  Assembly Members Lieber, Montanez, and
Runner) 
   (Coauthors:  Assembly Members Koretz,  Lieber, 
Mullin, and Vargas)
   (Coauthor:  Senator Kuehl)

                        JANUARY 5, 2004

    An act to amend Section 313 of the Penal Code, relating
to video   An act to add Title 1.25 (commencing with
Section 1746) to Part 4 of Division 3 of the Civil Code, relating to
video  games.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1792, as amended, Yee.   Harmful matter:  
Violent  video games.
   Existing law  sets forth various crimes relating to the
distribution or exhibition   prohibits the distribution
 of harmful matter, as defined, to minors.  Existing law defines
harmful matter with reference to, among other things, its appeal to
the prurient interest and its depiction of sexual conduct.
   This bill would set forth legislative findings and declarations
regarding the harmful effects of violent video games on minors.  It
would  include within the definition of harmful matter
  prohibit a person from knowingly distributing or
exhibiting to a minor  any video game that appeals to minors'
morbid interest in violence, that enables the player to virtually
inflict serious injury upon human beings or characters with
substantially human characteristics in a manner that is especially
heinous, atrocious, or cruel, as defined, and that lacks serious
literary, artistic, political, or scientific value for minors.  The
bill would exclude from this  definition  
prohibition  any game in which the visual depiction of violence
occurs as the result of simultaneous competition between 2 or more
players  , as specified  .   By expanding the
definition of harmful matter, the bill would expand the scope of an
existing crime and would thereby impose a state-mandated local
program.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  
yes   no  . State-mandated local program:
 yes   no  .   


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares the following:
   (a) The exposure of minors to depictions of violence in
entertainment media has increased dramatically with the development
of violent video games.
   (b) The number of serious violent incidents committed by minors
has increased since the development of these games.
   (c) Minors are more likely than adults to be influenced by violent
video games and to commit acts of violence as a result.
   (d) Even minors who do not commit acts of violence suffer
psychological harm from prolonged exposure to violent video games.
   (e) In July 2000, five national medical associations issued a
"Joint Statement on the Impact of Entertainment Violence on Children,"
which concluded that viewing entertainment violence leads to
increases in aggressive attitudes, values, and behavior, particularly
in children.
   (f) Violent video games have the capacity to produce more serious
psychological damage in minors than other forms of violent
entertainment because of the involvement of the player in the
infliction of injury and the satisfaction induced by these games from
successfully performing violent acts.
   (g) Many parents are unaware of the content of violent video games
because they lack the ability to play them, making it difficult to
screen them effectively.  Moreover, current ratings systems do not
adequately describe the extent and nature of the violence contained
in many of these games.  
  SEC. 2.  Section 313 of the Penal Code is amended to read:
   313.  As used in this chapter:
   (a) "Harmful matter" means either of the following:
   (1) Matter that, taken as a whole, to the average person, applying
contemporary statewide standards, appeals to the prurient interest,
that, taken as a whole, depicts or describes in a patently offensive
way sexual conduct and that, taken as a whole, lacks serious
literary, artistic, political, or scientific value for minors.
   (A) When it appears from the nature of the matter or the
circumstances of its dissemination, distribution or exhibition that
it is designed for clearly defined deviant sexual groups, the appeal
of the matter shall be judged with reference to its intended
recipient group.
   (B) In prosecutions under this chapter, where circumstances of
production, presentation, sale, dissemination, distribution, or
publicity indicate that matter is being commercially exploited by the
defendant for the sake of its prurient appeal, that evidence is
probative with respect to the nature of the matter and can justify
the conclusion that the matter lacks serious literary, artistic,
political, or scientific value for minors.
   (2) Any  
  SEC. 2.  Title 1.25 (commencing with Section 1746) is added to Part
4 of Division 3 of the Civil Code, to read:

      TITLE 1.25.  SALE OF VIDEO GAMES

   1746.  (a) A person shall not, with knowledge that the person is a
minor, knowingly sell, rent, distribute, send, cause to be sent,
exhibit, or offer to distribute or exhibit by any means, any violent
video game to a minor.
   (b) For the purposes of this section, the following terms have the
following meanings:
   (1) "Violent video game" means any  video game or any copy of
an electronic game that may be played using a portable electronic
device or hand-held gaming device using a television or computer,
that, taken as a whole, to the average person, applying contemporary
statewide standards, appeals to minors' morbid interest in violence,
that enables the player to virtually inflict serious injury upon
human beings or characters with substantially human characteristics
in a manner that is especially heinous, atrocious, or cruel, and
that, taken as a whole, lacks serious literary, artistic, political,
or scientific value for minors.
   (A) For the purposes of paragraph (1), a visual depiction of
violence shall be deemed "especially heinous, atrocious, or cruel" if
it contains each of the following elements:
   (i) It depicts exceptional pain or suffering on the part of the
victim and is accompanied by a graphic depiction of the victim's
injuries.
   (ii) The violence is accomplished in the commission of acts that
would be punishable as crimes.
   (iii) The circumstances surrounding the violence indicate that it
is committed without conscience, pity, or empathy.
   (iv) It is accompanied by auditory or other sensory elements that
serve to enhance the realism of the visual depiction.
   (B) A game shall be deemed to contain a visual depiction of
violence that is especially heinous, atrocious, or cruel if it is
possible, within the range of options offered by the game, to create
a depiction that contains the elements listed in subparagraph (A).
   (C) This paragraph shall not apply to a game in which the visual
depiction of violence occurs as a result of simultaneous competition
between two or more players .
   (c) "Matter" means any book, magazine, newspaper, video recording,
video game, or other printed or written material or any picture,
drawing, photograph, motion picture, or other pictorial
representation or any statue or other figure, or any recording,
transcription, or mechanical, chemical, or electrical reproduction or
any other articles, equipment, machines, or materials.  "Matter"
also includes live or recorded telephone messages when transmitted,
disseminated, or distributed as part of a commercial transaction.
   (d)   in which the game's violence may be committed
only against characters or entities controlled by other players.
   (2)  "Person" means any individual, partnership, firm,
association, corporation, limited liability company, or other legal
entity.  
   (e)  
   (3)  "Distribute" means to transfer possession of, whether
with or without consideration.  
   (f)  
   (4)  "Knowingly" means being aware of the character of the
matter.  
   (g)  
   (5)  "Exhibit" means to show.  
   (h)  
   (6)  "Minor" means any natural person under 18 years of age.
  
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.