NY State Senate Bill 2025-S6828

Current Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2025	referred to consumer protection

2025-S6828 (ACTIVE) - Details

See Assembly Version of this Bill:: A4874
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-x, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A1474
2011-2012: A504
2013-2014: A2663
2015-2016: A3766
2017-2018: A5276
2019-2020: A4170
2021-2022: A2184
2023-2024: A2026

2025-S6828 (ACTIVE) - Summary

Prohibits the sale to minors of any video game that has a mature or violent rating.

2025-S6828 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6828

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
sale of certain video games to minors

 
PURPOSE:

The purpose of this legislation is to prevent minors under the age of 18
from purchasing video games that have a mature or violent rating, and it
requires the purchaser to show a valid form of identification in order
to purchase the game. These games, containing adult images such as
morbid violence, rape, alcohol and illegal drug use, as well as other
malicious acts, are not appropriate for children under 18.  This legis-
lation will regulate the sale of such games.

 
SUMMARY OF PROVISIONS:

Section 1: Amends the general business law by adding a new section
391-w.

Section 2: Sets forth the severability clause. Section 3: Sets forth the
effective date.

 
JUSTIFICATION:

Video games containing purely adult images, situations, and scenarios
are far too readily available to children who often purchase these games
without any resistance from sellers. Studies have shown that younger
children who are exposed to games containing morbid violence, illegal
use of drugs and alcohol, violent crime, rape, and suicide are more
likely to partake in these crimes as they mature.

This bill would ban the sale of video games that have been given a
violent or mature rating to minors under the age of 18, and it would
require purchasers of these games to show a valid form of identification
in order to be sold. The bill would take a step towards preventing our
children from being influenced by the glamorization of violence
portrayed in such video games. Video games that include acts such as
violent crime, suicide, sodomy, rape, incest, bestiality, sadomasochism,
racism, religious violence, and the illegal use of drugs or alcohol will
be inaccessible to the most easily influenced group.

Similar legislation has already been introduced in other states, such as
New Jersey, Washington, Hawaii, Florida, and California.

 
LEGISLATIVE HISTORY:

2021-2022: Referred to Corporations, Authorities and Commissioner in
2021 and Referred to Corporations, Authorities and Commissions in 2022.

2019-2020: Referred to Corporations, Authorities and Commissions in 2019
and Referred to Corporations, Authorities and Commissions in 2020.

2017-2018: Referred to Consumer Affairs and Protection in 2017 and
Referred to Consumer Affairs and Protection in 2018.

2015-2016: Referred to Consumer Affairs and Protection in 2015 and
Referred to Consumer Affairs and Protection in 2016.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law.

2025-S6828 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6828
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 25, 2025
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   sale of certain video games to minors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-x to read as follows:
   § 391-X. SALE OF CERTAIN VIDEO  GAMES  TO  MINORS  PROHIBITED.  1.  NO
 PERSON,  PARTNERSHIP  OR CORPORATION SHALL SELL OR RENT OR OFFER TO SELL
 OR RENT TO ANY PERSON UNDER THE AGE OF EIGHTEEN  YEARS  ANY  VIDEO  GAME
 THAT  HAS  A MATURE OR VIOLENT RATING. SUCH VIDEO GAMES MAY CONTAIN, BUT
 SHALL NOT BE  LIMITED  TO,  DEPICTIONS  DESCRIPTIVE  OF,  ADVOCATING  OR
 GLAMORIZING  COMMISSION  OF  A  VIOLENT  CRIME,  SUICIDE,  SODOMY, RAPE,
 INCEST, BESTIALITY, SADOMASOCHISM, ANY FORM  OF  SEXUAL  ACTIVITY  IN  A
 VIOLENT  CONTEXT,  OR  ADVOCATING OR ENCOURAGING MURDER, VIOLENT RACISM,
 RELIGIOUS VIOLENCE, MORBID VIOLENCE OR THE ILLEGAL USE OF DRUGS OR ALCO-
 HOL.
   2. EVERY PERSON, PARTNERSHIP OR CORPORATION ENGAGED IN THE RETAIL SALE
 OR RENTAL OF VIDEO GAMES  SHALL  STORE  AND  DISPLAY  SUCH  VIDEO  GAMES
 CONTAINING  CONTENTS  LISTED  IN  SUBDIVISION  ONE  OF THIS SECTION IN A
 LOCATION DESIGNATED FOR PERSONS OVER THE AGE OF EIGHTEEN,  IN  A  MANNER
 WHICH RESTRICTS ACCESS TO SUCH VIDEO GAMES.
   3.  SALE OR RENTAL OF ANY VIDEO GAME THAT CONTAINS ANY CONTENTS LISTED
 IN SUBDIVISION ONE OF THIS SECTION, SHALL BE MADE ONLY TO AN  INDIVIDUAL
 WHO  DEMONSTRATES,  THROUGH (A) A VALID DRIVER'S LICENSE OR NON-DRIVER'S
 IDENTIFICATION AND ISSUED BY THE COMMISSIONER  OF  MOTOR  VEHICLES,  THE
 FEDERAL   GOVERNMENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH  OR
 POSSESSION, THE DISTRICT OF COLUMBIA,  A  STATE  GOVERNMENT  WITHIN  THE
 UNITED  STATES  OR A PROVINCIAL GOVERNMENT OF THE DOMINION OF CANADA; OR
 (B) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT OR ANY OTHER
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06765-01-5

 S. 6828                             2
 
 COUNTRY; OR (C) AN IDENTIFICATION CARD  ISSUED  BY  THE  UNITED  STATES,
 INDICATING  THAT  THE INDIVIDUAL IS AT LEAST EIGHTEEN YEARS OF AGE. SUCH
 IDENTIFICATION NEED NOT BE REQUIRED OF  ANY  INDIVIDUAL  WHO  REASONABLY
 APPEARS TO BE AT LEAST THIRTY YEARS OF AGE, PROVIDED, HOWEVER, THAT SUCH
 APPEARANCE  SHALL  NOT  CONSTITUTE A DEFENSE IN ANY PROCEEDING INVOLVING
 SALE OR RENTAL OF ANY VIDEO GAME, TO AN INDIVIDUAL UNDER EIGHTEEN  YEARS
 OF AGE.
   4. IN ANY PROCEEDING PURSUANT TO THIS SECTION, IT SHALL BE AN AFFIRMA-
 TIVE  DEFENSE  THAT  A  PERSON  PURCHASING  OR  RENTING OR ATTEMPTING TO
 PURCHASE OR RENT ANY VIDEO GAME DESCRIBED IN  SUBDIVISION  ONE  OF  THIS
 SECTION  PRODUCED A DRIVER'S LICENSE OR A NON-DRIVER IDENTIFICATION CARD
 APPARENTLY ISSUED BY A GOVERNMENT ENTITY OR OTHER IDENTIFICATION  PURSU-
 ANT  TO  SUBDIVISION  THREE  OF THIS SECTION, SUCCESSFULLY COMPLETED THE
 TRANSACTION, AND THAT THE VIDEO GAME SOLD OR RENTED TO SUCH  PERSON  WAS
 REASONABLE  RELIANCE UPON SUCH IDENTIFICATION AND TRANSACTION. IN EVALU-
 ATING THE APPLICABILITY OF SUCH AFFIRMATIVE DEFENSE, CONSIDERATION SHALL
 BE GIVEN TO ANY WRITTEN POLICY ADOPTED AND IMPLEMENTED BY THE SELLER  TO
 EFFECTUATE THE PROVISIONS OF THIS SECTION. USE OF ANY METHOD OF AN ELEC-
 TRONIC TRANSACTION SCAN SHALL NOT EXCUSE ANY PERSON OPERATING A PLACE OF
 BUSINESS WHEREIN VIDEO GAMES ARE SOLD OR RENTED, OR THE AGENT OR EMPLOY-
 EE  OF SUCH PERSON, FROM THE EXERCISE OF DUE DILIGENCE.  NOTWITHSTANDING
 THE PROVISIONS OF THIS SUBDIVISION, ANY SUCH AFFIRMATIVE  DEFENSE  SHALL
 NOT  BE  APPLICABLE IN ANY CIVIL OR CRIMINAL PROCEEDING, OR IN ANY OTHER
 FORUM.
   5. FOR THE PURPOSES OF THIS SECTION "RATING"  MEANS  THE  STANDARDIZED
 DESIGNATION  COMMONLY USED TO INFORM PARENTS ABOUT VIDEO GAMES REGARDING
 LISTENING AND VIEWING BY THEIR CHILDREN.
   § 2. Severability. If any clause, sentence, paragraph, subdivision  or
 part  of  this  act, or the application thereof to any person or circum-
 stance, shall be adjudged by any court of competent jurisdiction  to  be
 invalid  or  unconstitutional, such judgment shall not affect, impair or
 invalidate the remainder thereof, but shall be confined in its operation
 to the clause, sentence, paragraph, subdivision or part of this act,  or
 in  its  application to the person or circumstance, directly involved in
 the controversy in which such judgment shall have been rendered.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.

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Senate Bill S6828

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee

Actions

2025-S6828 (ACTIVE) - Details

2025-S6828 (ACTIVE) - Summary

2025-S6828 (ACTIVE) - Sponsor Memo

2025-S6828 (ACTIVE) - Bill Text download pdf

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Sponsored By

Cordell Cleare

Current Bill Status - In Senate Committee Consumer Protection Committee

Actions

2025-S6828 (ACTIVE) - Details

2025-S6828 (ACTIVE) - Summary

2025-S6828 (ACTIVE) - Sponsor Memo

2025-S6828 (ACTIVE) - Bill Text download pdf

Comments