Crimes and Offenses Offenses Against Public Health and Morals: Provide That a Video Game Retailer Shall Display a Sign Explaining Each Rating System Which Appears on a Video Game Offered by Such Retailer; 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; Provide for Penalties; Repeal Conflicting Laws; and for Other Purposes

• Citation: Vol. 22 No. 1
• Publication year: 2010

Georgia State University Law Review

Volume 22

Issue 1 Fall 2005 ^ ¹⁶

9-1-2005

CRIMES AND OFFENSES Offenses Against Public Health and Morals: Provide That a Video Game Retailer Shall Display a Sign Explaining Each Rating System Which Appears on a Video Game Offered by Such Retailer; 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; Provide for Penalties; Repeal Conflicting Laws; and for Other Purposes

W Andrew Pequignot

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Recommended Citation

Pequignot, W. Andrew (2005) "CRIMES AND OFFENSES Offenses Against Public Health and Morals: Provide That a Video Game Retailer Shall Display a Sign Explaining Each Rating System "Which Appears on a Video Game Offered by Such Retailer; 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; Provide for Penalties; Repeal Conflicting Laws; and for Other Purposes," Georgia State University Law Review: Vol. 22: Iss. 1, Article 16. Available at: http://digitalarchive.gsu.edu/gsulr/vol22/iss1/16

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CRIMES AND OFFENSES

Offenses Against Public Health and Morals: Provide That a Video

Game Retailer Shall Display a Sign Explaining Each Rating System Which Appears on a Video Game Offered by Such Retailer; 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; Provide for Penalties; Repeal Conflicting Laws; and for Other Purposes

Code Section: Bill Numbers: Act Number: Georgia Laws: Summary:

Effective Date:

O.C.G.A. § 16-12-103 (amended)

SB 105, SB 106

392

2005 Ga. Laws 1261 The Act requires video game retailers to display a sign explaining each rating system that appears on video games the retailers offer. SB 105 would have made it unlawful to knowingly sell, rent, or loan for monetary consideration any excessively violent video game or video game containing material which is harmful to minors. My 1, 2005

History

SB 105 and SB 106 follow a recent trend by states to address media violence and its role in high school shootings such as those that occurred at Columbine High School.¹ Video games have become a prime target of parents and legislators primarily because many of the minors who have committed high school shootings frequently played violent video games such as Doom and Grand Theft Auto.²

1. See Patrick M. Garry, Defining Speech in an Entertainment Age: The Case of First Amendment Protection for Video Games, 57 S.M.U. L. Rev. 139,141 (2004).

2. See id.; see also Scott A. Pyle, Is Violence Really Just Fun and Games?: A Proposal for a Violent Video Game Ordinance That Passes Constitutional Muster, 37 val. U. L. Rev. 429 (2003);

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Although concerns regarding violence in television programming and motion pictures have persisted for years, the interactive nature of video games has caused additional concerns.³

Bill Tracking SB 105

Consideration by the Senate

Senators Doug Stoner, William Hamrick, Curt Thompson, Chip Rogers, and J.B. Powell, of the 6th, 30th, 5th, 21st, and 23rd districts, respectively, sponsored SB 105.⁴ The Senate first read the bill on February 2, 2005 and referred it to the Science and Technology Committee on the same day.⁵

SB 106

Consideration by the Senate

Senators Doug Stoner, William Hamrick, Curt Thompson, Chip Rogers, and J.B. Powell, of the 6th, 30th, 5th, 21st, and 23rd districts, respectively, sponsored SB 106.⁶ The Senate first read the bill on February 2, 2005, and the Science and Technology Committee favorably reported the bill, by substitute, on February 24, 2005.⁷

The Bill, As Introduced

The bill required both video game retailers and arcade owners to post a sign explaining the rating system that appears on video games

Bonnie B. Phillips, Note, Virtual Violence or Virtual Apprenticeship: Justification for the Recognition of a Violent Video Game Exception to the Scope of First Amendment Rights of Minors, 36 IND. L. Rev. 1385 (2003).

3. ...