A BILL TO BE ENTITLED
AN ACT to prohibit the dissemination of obscene and graphically violent video games to minors and to require video game retailers to inform consumers that a video game rating system is available.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑190.13 reads as rewritten:
"§ 14‑190.13.  Definitions for certain offenses concerning minors.
The following definitions apply to G.S. 14‑190.14, displaying material harmful to minors; G.S. 14‑190.15, disseminating or exhibiting to minors harmful material or performances; G.S. 14‑190.16, first degree sexual exploitation of a minor; G.S. 14‑190.17, second degree sexual exploitation of a minor; G.S. 14‑190.17A, third degree sexual exploitation of a minor; G.S. 14‑190.18, promoting prostitution of a minor; and G.S. 14‑190.19, participating in prostitution of a minor.
(1)	Harmful to Minors. – That quality of any material or performance that depicts sexually explicit nudity or sexual activity and that, taken as a whole, has the following characteristics:
a.	The average adult person applying contemporary community standards would find that the material or performance has a predominant tendency to appeal to a prurient interest of minors in sex; and
b.	The average adult person applying contemporary community standards would find that the depiction of sexually explicit nudity or sexual activity in the material or performance is patently offensive to prevailing standards in the adult community concerning what is suitable for minors; and
c.	The material or performance lacks serious literary, artistic, political, or scientific value for minors.
(2)	Material. – Pictures, drawings, video recordings, video games, films or other visual depictions or representations but not material consisting entirely of written words.
(3)	Minor. – An individual who is less than 18 years old and is not married or judicially emancipated.
(4)	Prostitution. – Engaging or offering to engage in sexual activity with or for another in exchange for anything of value.
(5)	Sexual Activity. – Any of the following acts:
a.	Masturbation, whether done alone or with another human or an animal.
b.	Vaginal, anal, or oral intercourse, whether done with another human or with an animal.
c.	Touching, in an act of apparent sexual stimulation or sexual abuse, of the clothed or unclothed genitals, pubic area, or buttocks of another person or the clothed or unclothed breasts of a human female.
d.	An act or condition that depicts torture, physical restraint by being fettered or bound, or flagellation of or by a person clad in undergarments or in revealing or bizarre costume.
e.	Excretory functions; provided, however, that this sub‑subdivision shall not apply to G.S. 14‑190.17A.
f.	The insertion of any part of a person's body, other than the male sexual organ, or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure.
(6)	Sexually Explicit Nudity. – The showing of:
a.	Uncovered, or less than opaquely covered, human genitals, pubic area, or buttocks, or the nipple or any portion of the areola of the human female breast, except as provided in G.S. 14‑190.9(b); or
b.	Covered human male genitals in a discernibly turgid state.
(7)	Video Games. – An object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology."
SECTION 2.  Article 39 of Chapter 14 of the General Statutes is amended by adding the following new sections to read:
"§ 14‑317.1.  Disseminating a graphically violent video game to a minor.
(a)	Definitions. – The following definitions apply in this section:
(1)	"Graphically violent" means the visual depiction of serious injury to human beings, actual or virtual, including aggravated assault, decapitation, dismemberment, or death.
(2)	"Video game" means an object or device that stores recorded data or instructions, receives data or instructions generated by a person who uses it, and, by processing the data or instructions, creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, console, or other technology.
(b)	Offense. – It is unlawful for a person to sell, rent, or otherwise disseminate for consideration to a minor a graphically violent video game if the person knows the character or content of the video game.
(c)	Penalty. – A violation of this section is a Class 1 misdemeanor.
"§ 14‑317.2.  Video game retailer must inform customer that video game ratings are available. 
(a)	The following definitions apply in this section:
(1)	"Video game retailer" means a person who sells or rents video games to the public.
(2)	"Video game" is as defined in G.S. 14‑317.2(a)(2).
(b)	Every video game retailer shall post a sign providing information to consumers about a video game rating system or notifying consumers that a rating system is available to aid in the selection of a game. The sign shall be posted within the retail establishment in a prominent area.
(c)	A video game retailer shall make available to consumers, upon request, information that explains the video game rating system."
SECTION 3.  If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application, and to this end the provisions of this act are severable.
SECTION 4.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.