text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Protect Children from Video Game Sex 
  and Violence Act of 2003''.
  
  SEC. 2. FINDINGS.
  
      Congress finds the following:
              (1) The video game industry has grown into a $10 billion 
          market for game software publishing, wholesaling, and 
          retailing.
              (2) The use and observation of video games that contain 
          sexual or violent content can be harmful to minors and 
          reasonable restrictions will significantly decrease the number 
          of minors using these games.
              (3) On July 26, 2000, six of the Nation's most respected 
          public health groups, including the American Medical 
          Association, the American Academy of Pediatrics, the American 
          Academy of Family Physicians, and the American Academy of Child 
          and Adolescent Psychiatry, found that viewing entertainment 
          violence can lead to increases in aggressive attitudes, 
          behaviors, and values, particularly in children.
              (4) The ratings and content descriptors of video and 
          computer games issued by the entertainment industry reflect the 
          notion that certain video and computer games are suitable only 
          for adults due to graphic depictions of sex or violence.
              (5) In December 2001, a study by the Federal Trade 
          Commission showed that retailers allowed 78 percent of 
          unaccompanied minors, ages 13 to 16, to purchase games rated as 
          ``Mature'' by the Entertainment Software Rating Board.
              (6) The sale of video games and computer games 
          substantially affects interstate commerce because they are sold 
          in interstate commerce on a nationwide basis.
              (7) The Nation has a compelling interest in preventing 
          minors from purchasing video and computer games that are only 
          suitable for adults due to graphic depictions of sex or 
          violence.
              (8) There is a need to enact narrowly tailored legislation 
          to restrict the sale and use of video games that contain sexual 
          or violent content that is intended for adults only, and that 
          such legislation not restrict adults' access to these games.
  
  SEC. 3. PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO MINORS.
  
      (a) In General.--Part 1 of title 18, United States Code, is amended 
  by adding at the end the following new chapter:
  
   ``CHAPTER 124--PROHIBITION ON SALE OR RENTAL OF ADULT VIDEO GAMES TO 
                                   MINORS
  
  ``Sec. 2731. Definitions
      ``As used in this chapter, the following definitions apply:
              ``(1) The term `graphic violence' means the visual 
          depiction of serious injury to human beings, actual or virtual, 
          including aggravated assault, decapitation, dismemberment, or 
          death.
              ``(2) The term `content harmful to minors' means video game 
          content that predominantly appeals to minors' morbid interest 
          in violence or minors' prurient interest in sex, is patently 
          offensive to prevailing standards in the adult community as a 
          whole with respect to what is suitable material for minors, and 
          lacks serious literary, artistic, political, or scientific 
          value for minors, and contains--
                      ``(A) graphic violence;
                      ``(B) sexual violence; or
                      ``(C) strong sexual content.
              ``(3) The term `minor' means a person age 17 and younger.
              ``(4) The term `nudity' means the visual depiction, actual 
          or virtual, of the human male or female genitals, pubic area or 
          buttocks with less than a fully opaque covering, of a female 
          breast with less than a fully opaque covering of any part of 
          the nipple or of any portion of the breast below the nipple, or 
          the depiction of covered male genitals in a discernibly turgid 
          state.
              ``(5) The term `sexual conduct' means acts, actual or 
          virtual, of masturbation, sexual intercourse, or physical 
          contact with a person's clothed or unclothed genitals, pubic 
          area, buttocks or, if such person be a female, a breast.
              ``(6) The term `strong sexual content' means the visual 
          depiction, actual or virtual, of human nudity or explicit human 
          sexual behavior, including acts of masturbation, deviate sexual 
          conduct, sexual intercourse, or fondling of genitals.
              ``(7) The term `sexual violence' means the visual 
          depiction, actual or virtual, of rape or other sexual assault.
              ``(8) The term `video game' means any copy of an electronic 
          game that may be played using a portable electronic device or 
          with a hand-held gaming device using a television or computer.
  ``Sec. 2732. Prohibition on sale or rental of adult video games to 
                minors
      ``Whoever sells at retail or rents, or attempts to sell at retail 
  or rent, to a minor any video game that depicts nudity, sexual conduct, 
  or other content harmful to minors, shall be fined under this chapter.
  ``Sec. 2733. Penalties
      ``(a) First Violation.--Whoever knowingly violates section 2732 
  shall be fined not more than $1,000.
      ``(b) Second Violation.--Whoever knowingly violates section 2732, 
  having previously been fined under subsection (a), shall be fined not 
  less than $1,000 and not more than $5,000.
      ``(c) Subsequent Violations.--Whoever knowingly violates section 
  2732, having previously been fined under subsection (b), shall be fined 
  not less than $5,000.''.
      (b) Clerical Amendment.--The table of chapters at the beginning of 
  part I of title 18, United States Code, is amended by adding at the end 
  the following new item:
  
  
  ``124. Prohibition on sale or rental of adult video games to    2731''.
                              minors.
target: Protect Children from Video Game Sex and Violence Act of 2003 - Amends the Federal criminal code to prohibit the sale or rental to a minor of a video game that depicts nudity, sexual conduct, or other content harmful to minors.
feat_title: To amend title 18, United States Code, to prohibit the sale or rental of adult video games to minors.