05 LC 21
8028
Senate
Bill 105
By: Senators Stoner of the 6th, Hamrick of the 30th, Thompson of the 5th, Rogers of the 21st, Powell of the 23rd and others
By: Senators Stoner of the 6th, Hamrick of the 30th, Thompson of the 5th, Rogers of the 21st, Powell of the 23rd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of
Georgia Annotated, relating to the sale or distribution of harmful materials to
minors, so as to define a certain term; to provide that it shall be unlawful for
any person knowingly to sell, rent, or loan for monetary consideration an
excessively violent video game or a video game containing material which is
harmful to minors; to provide for penalties; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to the sale or distribution of harmful materials to minors,
is amended by renumbering paragraphs (1) through (7) of Code Section 16_12_102,
relating to definitions, as paragraphs (2) through (8), respectively, and by
inserting a new paragraph (1) to read as follows:
"(1)
'Excessively violent video game' means any video game or any copy of an
electronic game that may be played using a portable electronic device or a
hand_held gaming device by using a television or computer that, taken as a
whole, to the average person, applying contemporary state_wide 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)
A game 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; and
(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 division (i) of this
subparagraph."
SECTION
2.
Said
part is further amended by inserting immediately following paragraph (2) of
subsection (b) of Code Section 16_12_103, relating to selling, loaning,
distributing, or exhibiting certain material to a minor, the
following:
"(3)
It shall be unlawful to sell, rent, or loan for monetary consideration to a
minor any excessively violent video game or any video game containing material
that is harmful to minors within the meaning of paragraph (2) of Code Section
16_12_102. Each action in violation of this paragraph shall constitute a
separate
offense."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.