feauturing article

Video Game Legislation 2007

by syphaqlies| Published: Thursday, February 01 @ 08:54:13 EST
For many states the 2007 legislative session has already begun or is rapidly approaching. We thought it might be important to see the types of legislation that has been proposed and how it affects the video game industry.

Please note that this list is intended for information purposes only. 2old2play is neither advocating for or against any of these measures. There may also be more measures out there that we were not able to find. Please, if you happen to know of a measure in your state that we have left off this list, let us know and we'll review it to see if it warrants being added.

HB 2031, of the Oklahoma Legislature, directs retailers who sell or rent video games to notify customers that the video game may contain violent content which may be harmful to minors. Violators may be fined up to $100. (Meaning, no matter how old a person is, if that person purchases a violent video game, he must be lectured by the clerk about its content.)

HB 2104, of the Kansas Legislature, not only makes it illegal to sell games with an ESRB rating of M or above to minors, but bans them from displaying them in a manner viewable to minors. (Either the kids can't come in the store or the games have to be locked behind the counter.)

HB 1029, of the Arkansas Legislature, exempts the sale of video games and equipment from the Back-to-School Sales Tax Holiday. (Meaning for you Arkansas Folks, you can no longer buy tax free games during the sales tax holiday.)

SB 2726, of the Mississippi Legislature, prohibits the sale of violent video games (rating of M or above) to minors. $100 fine on first offense and $500 fine on subsequent offenses.

SB 238, of the Indiana General Assembly, prohibits the sale of video games with a rating of M to persons under 17 and a rating of AO (adults only) to persons under 18.

A 00547, of the New York Assembly, prohibits the sale to minors of certain rated video games containing a rating that reflects content of various degrees of profanity, racist stereotypes or derogatory language, and/or actions toward a specific group of persons. The measure goes on to define this material as, "depictions descriptive of, advocating or glamorizing commission of a violent crim, suicide, sodomy, rape, incest, bestiality, sadomasochism, any form of sexual activity in a violent context, or advocating or encouraging murder, violent racism, religious violence, morbide violence or the illegal use of drugs or alcohol."

A 02024 & A 02787, of the New York Assembly, provides for the same restrictions as above and also requires such video games be stored in an area not accessible to minors.

H 5136, of the Rhode Island General Assembly, prohibits retailers from offering electronic equipment at a "reduced price" for a "limited time" without posting the number of items available. (Looks like someone waited in a long line this Christmas and then walked away empty handed.)

We love gaming just as much as the rest of the gaming community, so we hope this opens some eyes to the legislation going on in your area. Let us make sure we keep gaming fun for generations to come.


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Reader Comments

This is the same crap we have seen before (Score: 1)
Posted By Falelorn on Thursday, February 01 @ 11:51:53 EST
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With banning
- Organized Religion
- Books
- Popular Music
- Television
- etc

when will people realize if you have kids they are your freaking god damn responsibility and you were stupid enough not to wear a condom or get an abortion so now your little tyrant is playing M rated video games at 10 years old because your to stupid to read the label and go.. oh sex, nudity, violence.. for 17+ maybe I shouldnt let little Johnny play it..

Instead they go.. Duh... the government will stop my kid from playing games that are harmful, here you go little Johnny here is a Hustler and some cocaine to go with Grand Theft Auto 4 - Hookers are Fun...

Now dont bother me and mommys new friend Frank while we go try and make you a brother or sister for me to ignore as well.


They should license parents.. sorry dip-shit you didnt pass the basic rules for being a parent.. you are being neutered like my dog.. Why? because you answered wrong.. the moronic old men sitting on the hill playing with little interns are not the ones to protect your hell spawn offspring, that is your responsibility.



But how about you tell us how you really feel? (Score: 1)
Posted By J-Cat on Thursday, February 01 @ 12:41:09 EST
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I think the issue with gaming bans and regulations have more to do with ignorance on the part of parents and lawmakers, not with poor parenting.

I believe that the parents and lawmakers who were not aware that games have evolved from "E for Everyone" games to Adults Only content are now shocked at the adult games. Picture a non-gamer mom who thinks that all games are for kids; she finds her son playing Grand Theft Auto, and is probably shocked and confused: how can a video game be so violent? Isn't this a kid's game? Perhaps she's unaware that there is a rating system that she (or Dad) should have checked before buying the game. So she overreacts and calls her government. I don't think this is poor parenting: poor parenting is not giving a shit about what your kids do. Is she misguided? Yep. Should she have done her research and looked into the game before buying it or allowing her kid to play it? Fer sure. Is she a bad person? No way.

I think that eventually as more and more people become accustomed to gaming, we will see less and less of this type of overreaction. However as a responsable gaming community, I believe that we should not over react as well. While it's easy to blame parents, I believe that using logic, the law, and rational discussion will win the day for the gaming community: not placing the blame on people who rightly or wrongly are just doing what they think is best.


I believe that the money that would be spent on the above laws would be better spent promoting responsable gaming habits. Check the rating, check reviews with respect to content, and put a time limit on kid's gaming time. Over reaction just makes us all look like Timmys.




ya i was harsh but its true in some cases (Score: 1)
Posted By Falelorn on Thursday, February 01 @ 12:59:44 EST
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many parents just dont think.. you can see this in stores.. and it is not like the video game issue has not been in the news, so they can not say they didnt know




spot the bad parent (Score: 1)
Posted By Armorsmith76 on Sunday, February 04 @ 19:47:45 EST
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Nah, I blame the parents. I hear plenty of Timmys online who are on the fast track to committing their first felony. Desperate for attention of any kind, no impulse control, an unhealthy obsession with violence, rude, antisocial...These are the fault of bad neglectful parenting. Kids like that get on the news for doing something stupid eventually. The parents lay the blame anywhere they can and some other stupid bastard BELIEVES them!

Then that stupid bastard (perhaps also a parent, perhaps not) pushes for legislature to protect all children, because they have a misguided sense of how to help society. The government grabs the issue and runs with it as a way to get reelected to their slimy whorish job ( I know you already kind of discussed this in your post)

Due to all of this, I'm not sure if I should own a gun or not. ;)





NY resident here (Score: 1)
Posted By selden007 on Thursday, February 01 @ 13:20:15 EST
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ANd I don't want to look like a pervert walking into the back room through a curtain to peruse the video game selection at my favorite Gamestop. Come on I have not seen any video game covers that exploits any of the above mentioned items that would deem it offensive to anyone looking at the cover. Please I am all for trying to get sales clerks to card people that are of questionable age before they are allowed to purchase M rated games, but please do not go to extreme.


***note that I am not saying that all people that go behind the curtain are pervs, it is just to make a point. I love going behind the curtain :) ***


Untitled (Score: 1)
Posted By PositiveG on Friday, February 02 @ 03:52:25 EST
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No worries, even the M rated games I've seen have
E rated boxes.





Not as bad as they seem (Score: 1)
Posted By Jmarps on Thursday, February 01 @ 14:47:30 EST
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Some of these restrictions may go a little too far, but what is the harm in enforcing that ratings that the developers put on the games themseleves? Definitely parents need to be more involved, but parents who don't know about video games can use help. I mean, would you propose that movie theatres start allowing 10 year olds into rater R movies?


10 yr. old in "R" rated movies. (Score: 1)
Posted By Big0ne on Friday, February 02 @ 13:47:03 EST
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I think they already do allow it. :)





Sucks to be you :P (Score: 1)
Posted By AcidSnow on Thursday, February 01 @ 16:16:00 EST
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You know what this article tells me???

...It tells me that it SUCKS TO BE A MINOR!
Ahahahahahahah! Losers, go play with your action figures!



Stupid laws (Score: 1)
Posted By BryanM67 on Thursday, February 01 @ 16:28:19 EST
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Yep... all of this legislation is plain stupid.

As for minors..isn't that what parents are for? Let the parent decide whats appropriate for his/her kids.

As for the Arkansas HB1029 - there is currently NO sales tax holiday. Whether to have one has been debated for some time now. All of the surrounding states have a sales tax holiday for certain items (clothes, school supplies, etc). But our legislators tell us that a sales tax holiday would hurt our educational system. Oh on top of that - we tax food!! Rate varies depending on what part of the state you live on. Its 9 percent here - sucks if your poor and hungry.

HB1029 is a proposed bill to establish a sales tax holiday. Its just that one of the items in that bill excludes video games from the sales tax holiday. Maybe best thing is just to buy them off amazon.com (or some other internet retailer that won't charge sales tax). I'd rather UPS or FedEx ground get some of money = the state already gets too much.



Seems pretty reasonable. (Score: 1)
Posted By snahfu on Thursday, February 01 @ 17:14:14 EST
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Parents being responsible for what their children are playing?

Good golly gosh...what a concept.

Here in Canada, I bought a game from Walmart recently that had an M rating. The store clerk read my the label on the back and gave me a warning about it, which was followed by a smirk from me and a blush from her.

None of the above stuff seems like all that big a deal. Gaming is becoming more and more mainstream and with that, regulation of the medium needs to evolve.

I was a manager at Electronics Boutique for three years. The level of ignorance and apathy displayed by parents is quite unbelievable. Unfortunately steps like this need to be made to protect the children of parents that are too simple or lazy to be breeding in the first place.


Not the Government's Job (Score: 1)
Posted By Guapito on Tuesday, February 06 @ 17:18:05 EST
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That has not been and never should be the job of the Government. No government should have the right to tell parents how to raise their children. We already have laws in place to protect children from violently abusive parents. We don't need laws made as replacement for parents.





Untitled (Score: 1)
Posted By PositiveG on Thursday, February 01 @ 17:42:17 EST
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For the most part, you can't blaim them.

Can you sell Cigarettes, Alcohol, or skin mags to minors?
Nope, so why are you upset that M rated content is getting the same treatment?

It's the natural evolution of this media if you ask me.
I'm not impacted, I'm not a minor, most 360 gamers aren't either.


Untitled (Score: 1)
Posted By Jmarps on Friday, February 02 @ 07:28:32 EST
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I totally agree. What's the big deal here? I don't get it. Yes parents need to be more responsible, but the reality here is that they are not.




This DOES impact you (Score: 1)
Posted By Guapito on Tuesday, February 06 @ 17:24:09 EST
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Most publishers and developers will shy away from making games with adult content if that means its going to be harder to sell them. They will start avoiding M ratings like the plague so that means you will, in some cases, get watered down generic content. I'm not huge on adult content but when I shoot a terrorist I want to see blood. Halo 2 had an M rating. What would they have had to change in order to lower that rating? Whether you believe it or not it will change the way most devs/pubs make games.





The biggest problem with this... (Score: 1)
Posted By liberatedwater on Friday, February 02 @ 14:01:01 EST
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...is that most of the people trying to legislate these games have never played a video game. I'm sure that they would balk at the idea of putting R-rated movie in a part of the store inaccessible to minors. An M-rated game is pretty much the equivalent of an R-rated movie.



The back room won't exist. (Score: 1)
Posted By PositiveG on Friday, February 02 @ 15:32:16 EST
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This talk about the M rated games going in the back room by the porn section is BS. If I remember correctly, most Xbox 360 DVD external cover "content" is in an E format. The game might be M, but you don't see that by picking up the game and browsing the case. They'll be able to pick it up and look at the case, but no sale.
Not that it matters much, a bit of web surfing by Johnny usually nets what they want, be that porn and M rated game videos. Assuming a clueless parent without a "net nanny" like program running.

I guess they'll revert to the old standby, standing outside EB games and waiting for the the wino down the street to buy their M rated game for them, for a cut!

Parents need to enable the parental controls on their 360's as well.





Untitled (Score: 1)
Posted By Aldogg on Friday, February 02 @ 21:14:16 EST
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How about we also make parents take tests. If they pass, they can have kids, if they fail, well, you don't want to know.

As much as politicians want to regulate games, what good is a rating if a parent, even when informed by a clerk about the content, decides to buy the game anyway, if only by saying something stupid like "He plays it at his friend's house" or "My son knows the difference between real and fake." I have heard this many times, and honestly, it is stupid, but retailers can do nothing about it (see the example of the whino going into the store and buying kids booze,) since the parent can just be like "The game is for me, who are you to tell me what I am to buy."

You can pass knowledge to people, some choose to use it, other would rather live in their oblivion, thinking their kid is perfect and the world is flawed, as said Timmy is swearing and cursing a storm and being a douchebag on XBL.



Untitled (Score: 1)
Posted By PositiveG on Saturday, February 03 @ 06:33:54 EST
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Using that thinking, how about we make gamers take tests?
Why, because that's nonsense.



No kids in the store!!! (Score: 1)
Posted By LocGaw on Sunday, February 04 @ 11:50:00 EST
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That is where it's at. Like that will ever happen.

I got one for you. How about fining the parents, not the store. Watch how fast little Timmie doesn't get GTA for christmas...

Nab the parents for anything that kid does. Watch how fast they react when the man is knocking on the door... It should not be the job of the salesman to tell you how to raise the kid.



I thought that was a given? (Score: 1)
Posted By PositiveG on Sunday, February 04 @ 14:12:09 EST
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I thought that was a given? Fining the parents.
If the child hasn't reached legal age, aren't the
parents ALWAYS on the hook for anything the child does?



Untitled (Score: 1)
Posted By Caesar on Monday, February 05 @ 11:12:43 EST
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saw this coming from a mile away



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