Requires violent video games to be labeled as specified and prohibits the sale or rental of those violent video games to minors. Provides that a person who violates the law shall be fined up to $1,000 for each violation.

A BILL FOR AN ACT

SECTION 1. The legislature finds that exposing minors to depictions of violence in video games, including sexual and heinous violence, makes those minors more likely to experience feelings of aggression, to experience a reduction of activity in the frontal lobes of the brain, and to exhibit violent antisocial or aggressive behavior. Even minors who do not commit acts of violence suffer psychological harm from prolonged exposure to violent video games. The State has a compelling interest in preventing violent, aggressive, and antisocial behavior and in preventing psychological or neurological harm to minors who play violent video games.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

§ -1 Definitions. For purposes of this chapter:

"Cruel" means that the player intends to virtually inflict a high degree of pain by torture or serious physical abuse of the virtual victim in addition to killing the victim.

"Depraved" means that the player relishes the virtual killing or shows indifference to the suffering of the virtual victim, as evidenced by torture or serious physical abuse of the victim.

"Heinous" means shockingly atrocious; provided that for the killing depicted in a video game to be "heinous", it means that the killing involves additional acts of torture or serious physical abuse of the virtual victim as set apart from other killings.

"Minor" means any natural person who is under eighteen years of age.

"Person" means any natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.

"Serious physical abuse" means a significant or considerable amount of injury or damage to the virtual victim's body that involves a substantial risk of death, unconsciousness, extreme physical pain, substantial disfigurement, or substantial impairment of the function of a bodily member, organ, or mental faculty; provided that serious physical abuse, unlike torture, does not require that the virtual victim be conscious of the abuse at the time it is inflicted, but the player must specifically intend the abuse apart from the killing.

"Torture" includes mental as well as physical abuse of the victim; provided that in either case, the virtual victim is conscious of the abuse at the time it is inflicted and the player specifically intends to virtually inflict severe mental or physical pain or suffering upon the victim, apart from killing the victim.

"Video game" means any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, that interacts with the user of the device.

§ -2 Violent video game; factors. (a) A video game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being is a violent video game for purposes of this chapter, if those acts are depicted in the game in a manner that does either of the following:

(b) Pertinent factors in determining whether a killing depicted in a video game is especially heinous, cruel, or depraved include infliction of gratuitous violence upon the virtual victim beyond that necessary to commit the killing, needless mutilation of the victim's body, and helplessness of the victim.

§ -3 Sale or rental of violent video game to a minor prohibited. (a) A person may not sell or rent to a minor a video game that has been labeled as a violent video game.

(b) Proof that a defendant, or the defendant's employee or agent, demanded, was shown, and reasonably relied upon evidence that a purchaser or renter of a violent video game was not a minor or that the manufacturer failed to label a violent video game as required pursuant to section -4 shall be an affirmative defense to any action brought pursuant to this section. That evidence may include, but is not limited to, a driver's license or an identification card issued to the purchaser or renter by a state or by any of the armed forces of the United States.

(c) This section shall not apply if the violent video game is sold or rented to a minor by the minor's parent, grandparent, aunt, uncle, or legal guardian.

§ -4 Labeling of violent video games required. Each violent video game that is imported into or distributed in this State for retail sale shall be labeled with a solid white "18" outlined in black. The "18" shall have dimensions of no less than two inches by two inches. The "18" shall be displayed on the front face of the video game package.

§ -5 Penalty. (a) Any person who violates any provision of this chapter shall be fined in an amount of up to $1,000, as determined by the court.

(b) This section shall not apply to any person who is employed solely in the capacity of a salesclerk or other, similar position, does not have an ownership interest in the business in which the violation occurred, and is not employed as a manager in that business.

§ -6 Enforcement. A suspected violation of this chapter may be reported by a parent, legal guardian, or other adult acting on behalf of a minor to whom a violent video game has been sold or rented. Any corporation counsel or county attorney, prosecuting attorney, or the attorney general may prosecute a violation of this chapter."

SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. This Act shall take effect on January 1, 2007.