New York goes insane, Felony to sell M-rated games to minors Options

[Spectatrix]

http://gamepolitics.com/2007/05/30/another...rs-into-felons/
http://inventorspot.com/felonytosellgames
http://assembly.state.ny.us/leg/?bn=A08696&sh=t

Long story short: On May 30th, New York politicians proposed a bill that would make it a felony for retailers to sell games including "depraved violence and indecent images" (i.e. most M-rated games, possibly some T-rated ones too?) to folks under age 17. It would be a class E felony, which means 1-4 years in prison.

On May 31st, it passed in the New York Assembly 130 to 10. I'm not sure by what margin the corresponding legislation in the state senate passed by earlier in the month. The bill has passed and all that remains is for it to be signed into law by New York's governor.

Is it just me or is this MAJOR overkill? I'll admit that I disagree with putting legal age restrictions on the sale of games and movies in general, but I can see why people would support such legislation. However, anything more than a misdemeanor for such a "crime" is asinine.

[impala454]

did anyone bother to check the existing laws?

this would seem to be pretty consistent with laws already in place:
http://law.onecle.com/new-york/penal/PEN0235.21_235.21.html
New York Penal Law Section 234.21:

§ 235.21 Disseminating indecent material to minors in the second degree.
A person is guilty of disseminating indecent material to minors in the
second degree when:
1. With knowledge of its character and content, he sells or loans to
a minor for monetary consideration:
(a) Any picture, photograph, drawing, sculpture, motion picture film,
or similar visual representation or image of a person or portion of the
human body which depicts nudity, sexual conduct or sado-masochistic
abuse and which is harmful to minors; or
(b) Any book, pamphlet, magazine, printed matter however reproduced,
or sound recording which contains any matter enumerated in paragraph (a)
hereof, or explicit and detailed verbal descriptions or narrative
accounts of sexual excitement, sexual conduct or sado-masochistic abuse
and which, taken as a whole, is harmful to minors; or
2. Knowing the character and content of a motion picture, show or
other presentation which, in whole or in part, depicts nudity, sexual
conduct or sado-masochistic abuse, and which is harmful to minors, he:
(a) Exhibits such motion picture, show or other presentation to a
minor for a monetary consideration; or
(b) Sells to a minor an admission ticket or pass to premises whereon
there is exhibited or to be exhibited such motion picture, show or other
presentation; or
© Admits a minor for a monetary consideration to premises whereon
there is exhibited or to be exhibited such motion picture show or other
presentation; or
3. Knowing the character and content of the communication which, in
whole or in part, depicts actual or simulated nudity, sexual conduct or
sado-masochistic abuse, and which is harmful to minors, he intentionally
uses any computer communication system allowing the input, output,
examination or transfer, of computer data or computer programs from one
computer to another, to initiate or engage in such communication with a
person who is a minor.
Disseminating indecent material to minors in the second degree is a
class E felony.

all they're doing is extending this law to video games, which makes sense. I was unable to find anything that would confirm what people are saying about 1-4 year sentencing though. section 235.24 actually releases the employer from responsibility should their employee commit the crime without their knowledge.