To provide that any person who sells or rents a violent video or computer game to a minor is guilty of a misdemeanor. The crime also applies to anyone who permits the sale or rental of such games to a minor. The bill defines a violent video or computer game as one that contains realistic depictions of aggressive violence toward a public law enforcement officer; and one that has been given an adult rating.   Official Text and Analysis.

By Sherwin Cotler, Clinical Psychologist; Delight Roberts, Children's Alliance; Bill Hanson, WA Council of Police and Sheriffs; Larry Pederson, Community Network; Cristal Downing; Kristen Rogers, National Assoc. of Social Workers; Lonnie Johns-Brown, WA Coalition of Sexual Assault Programs; Carol Taylor Cann, WA Parent Teacher Assoc.; Connie Umphred, Ph. D., WA Psychological Assoc.; Dorothy Marsh, League of Women Voters of Thurston County; and John E. Gabrielson, Pierce County Beekeepers Association. They testified that psychologists have been studying violent behaviors with young children since the 1950s. Watching aggressive acts of people affects young children. Research has shown a link between children who have seen aggressive acts and their later aggressive behavior. Scientists have found negative effects on adults and children exposed to violence. There is a growth in the amount of research which shows video games increase aggressiveness and decrease pro-social behavior. These video games are an affront to any police officer who ever gave his life for his profession. These violent video games are more violent than most movies that adults see. Like a porn film, violent video games do not have a plot. Unlike movies, video games are participatory. There is a built in protection from parents because there are secret codes hidden in the games allowing skilled child players to access them while most parents can't get to that level. Parents lack knowledge because they can't get to this level. The packaging is deceptive because it doesn't accurately tell what is inside.

By Jerry Sheehan, ACLU; Brad Boswell and Jennifer Byron, Interactive Digital Software Assoc.; and Tom Paine, Video Software Dealers Association. They testified that the video games at issue are protected by the First Amendment. This might be costly to the state. The video stores are already putting protections in place to make sure they aren't renting or selling these games to kids whose parents don't want them to have the video games. These materials have not been prohibited by any appellate court. Ninety percent of the time purchasers are over 18. It is the role of the parents to decide what is appropriate for their kids. The ESRB ratings system and raters are unbiased. The industry is launching a major campaign to educate parents about the ratings system. There are operational problems with the bill. It would be difficult for retailers to know what is in every video game.

To change the definition of "minor" to mean a person under the age of 17 instead of 18. The substitute bill changes the definition of "person" to mean only retailers who are engaged in the business of selling or renting video games and who are subject to the Washington tax on retailers. The definition of "violent video or computer game" is changed to remove the ratings given to a video game by the manufacturer or industry and to further define the meaning by replacing the word "violence" with "physical harm." The substitute bill adds language to the intent section that the Legislature encourages retailers and parents to utilize the ratings system adopted by the entertainment industry.

To remove the crime of selling or renting a video game to a minor, replacing it with an educational effort directed at parents and video game retailers regarding the existing game rating system provided by the Entertainment Software Rating Board in order to prevent the sale of “M” rated games to anyone under age 17.

To change the offense from a misdemeanor to a class 1 civil infraction punishable by a $500.00 fine.

To limit the bill to people who knowingly sell a violent game as defined in this section.

To provide that any person who sells or rents a violent video or computer game to a minor is guilty of a misdemeanor.

(violent video and computer games).