§ 1746. — 1746. (Added by Stats. 2005, Ch. 638, Sec. 2.)

For purposes of this title, the following definitions shall apply:
(a)
“Minor” means any natural person who is under 18 years of age.
(b)
“Person” means any natural person, partnership, firm, association, corporation, limited liability company, or other legal entity.
(c)
“Video game” means any electronic amusement device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, that interacts with the user of the device.
(d)
(1)
“Violent video game” means a video game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being, if those acts are depicted in the game in a manner that does either of the following:
(A)
Comes within all of the following descriptions:
(i)
A reasonable person, considering the game as a whole, would find appeals to a deviant or morbid interest of minors.
(ii)
It is patently offensive to prevailing standards in the community as to what is suitable for minors.
(iii)
It causes the game, as a whole, to lack serious literary, artistic, political, or scientific value for minors.
(B)
Enables the player to virtually inflict serious injury upon images of human beings or characters with substantially human characteristics in a manner which is especially heinous, cruel, or depraved in that it involves torture or serious physical abuse to the victim.
(2)
For purposes of this subdivision, the following definitions apply:
(A)
“Cruel” means that the player intends to virtually inflict a high degree of pain by torture or serious physical abuse of the victim in addition to killing the victim.
(B)
“Depraved” means that the player relishes the virtual killing or
shows indifference to the suffering of the victim, as evidenced by torture or serious physical abuse of the victim.
(C)
“Heinous” means shockingly atrocious. For the killing depicted in a video game to be heinous, it must involve additional acts of torture or serious physical abuse of the victim as set apart from other killings.
(D)
“Serious physical abuse” means a significant or considerable amount of injury or damage to the victim’s body which involves a substantial risk of death, unconsciousness, extreme physical pain, substantial disfigurement, or substantial impairment of the function of a bodily member, organ, or mental faculty. Serious physical abuse, unlike torture, does not require that the victim be conscious of the abuse at the time it is inflicted. However, the player must specifically intend the abuse apart from the killing.
(E)
“Torture” includes mental as well as physical abuse of the victim. In either case, the virtual victim must be conscious of the abuse at the time it is inflicted; and the player must specifically intend to virtually inflict severe mental or physical pain or suffering upon the victim, apart from killing the victim.
(3)
Pertinent factors in determining whether a killing depicted in a video game is especially heinous, cruel, or depraved include infliction of gratuitous violence upon the victim beyond that necessary to commit the killing, needless mutilation of the victim’s body, and helplessness of the victim.

Legislative History

Added by Stats. 2005, Ch. 638, Sec. 2. Effective January 1, 2006.