Violent Video Games

Division 3, Part 4, Title 1.2A of the Civil Code deals with violent video games in California.

Section 1746 provides the following definitions: “minor,” “person,” “video game,” “violent video game,” “cruel,” “depraved,” “heinous,” “serious physical abuse,” and “torture.”

Section 1746.1 prohibits a person from selling or renting a video game that has been labeled as a violent video game to a minor. Proof that a defendant, or his or her 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 is an affirmative defense to any action brought pursuant to this title.

Evidence may include a driver’s license or an identification card issued to the purchaser or renter by a state or by the Armed Forces of the United States. This section does 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.

Section 1746.2 provides that each violent video game that is imported into or distributed in California for retail sale must be labeled with a solid white “18” outlined in black. The “18” must have dimensions of no less than 2 inches by 2 inches. The “18” has to be displayed on the front face of the video game package.

Section 1746.3 states that any person who violates any provision of this title is liable in an amount of up to $1,000, or a lesser amount as determined by the court. However, this liability does not apply to any person who violates those provisions if he or she is employed solely in the capacity of a salesclerk or other, similar position and he or she does not have an ownership interest in the business in which the violation occurred and is not employed as a manager in that business.

Section 1746.4 says that a suspected violation of this title may be reported to a city attorney, county counsel, or district attorney 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. A violation of this title may be prosecuted by any city attorney, county counsel, or district attorney.