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

[FORSAKENR320]

but how come you can have websites that anyone can view (i.e., no ID needed) that show that shit for real?

the game would at least be available only to those who have ID.

old people don't know how to use the internet. as soon as they do, all your porn is going to be editted down to a telly tubby game.

[cupcake]

fits under TABC rules to me. you need an i.d. for a purchase, do your job right and get the damn id. stop being a lazy fuck. in a bar, someone presents you with an id that looks legit, then later turns out to be fake, the bartender is not at fault. same conept. cashier, just do the fucking job right and you won't get in trouble

huh? when I bartended, it didn't matter if the doorman checked the ID or not, it was invariably the bartender's responsibility.

did something change recently?

old people don't know how to use the internet. as soon as they do, all your porn is going to be editted down to a telly tubby game.

old people...

[FORSAKENR320]

huh? when I bartended, it didn't matter if the doorman checked the ID or not, it was invariably the bartender's responsibility.

did something change recently?
old people...

oops, forgot to clarify::

i also worked as a bartender. it was my responsibility to check id's. but if one turned out fake and i couldn't tell, i was not at fault.

[cupcake]

I see...yeah I was confused by that post.

I still say if there is live porn, why can't there be a porn game? there's porn in print, in e-internets, on video, via phone...all the game is is another medium?

the logic baffles me. it's like they think of movies for everyone regardless of age, but interactive consoles are just for kids...which is retarded.

[Spectatrix]

anyways, I think its a good idea because kids dont need to be playing shit like that.

You should not be the one making that judgement call. Parents should be.

oh I know, but at least it encourages retailers to abide by the law. I think the issue is parents not monitoring their kids, and this will make that even more apparent. I dont see why everyone is bitching so much about it

The issue is indeed that parents don't monitor their kids, so fine, whatever, we have to make up a bunch of BS laws. But here, I'm bitching because they're making this a FELONY. A NY class E felony, which makes it equivalent (by NY law) to:

• Attempted Vehicular Manslaughter in the 2nd Degree
• Attempted Assault in the 2nd Degree
• Aggravated Assault Upon a Person Less Than Eleven Years Old
• Attempted Vehicular Assault in the 1st Degree
• Vehicular Assault in the 2nd Degree
• Attempted Stalking in the 1st Degree
• Stalking in the 2nd Degree
• Menacing in the 1st Degree
• Rape in the 3rd Degree

etc. etc... http://www.emsc.nysed.gov/deputy/Documents...ffenselist.html

Do you REALLY think that selling a violent video game to a minor is equivalent to crimes such as these and should be punishable by a MINIMUM of 1 year of jail time?

[James]

I see the trend they're aiming for now that you list all those Class E's.

IF you assume that all these school shootings are the result of violent video games, then I could justify selling the games as sort of making you an accomplice to the crime.

Is it a stretch? Yes.

As for your porn video game, I think some exist. I remember I had a game called something like Sex Island or some such on my distro server back in the day. I never actually burned it though. Too many other things to burn and they didn't have me keep it in cycle long enough to get to it.

[Mommy]

Uh, you cashiered at Best Buy for a while. What if some 16 year old that looked old as shit bought a game from you that was rated M (before they had the little pop up thing reminding you to check age). That would mean instead of getting a fine, you would be subject to spending 1-4 years in prison. That's excessive if I've ever heard it. And yes, the issue is the parents not monitoring the kids, which is why I think it's ludicrous that the salesperson goes to jail but the kid and parents aren't affected at all.

Yeah, and I also worked at CompUSA which sells games and another store in El Paso that rents and sells video games, movies, porn, and sports memorbilia. I always checked id. No 16 year old is going to look older than 26...card everyone that looks lower 20's and younger. I still get carded at the movie theatre and Im 22. It doesnt bother me.

[Jim]

I think it's total bullshit. Grasping at straws to try and stop video games from harming America's youth. Because we all know that playing doom taught us how to be serial killers.

[Spectatrix]

I still say if there is live porn, why can't there be a porn game? there's porn in print, in e-internets, on video, via phone...all the game is is another medium?

the logic baffles me. it's like they think of movies for everyone regardless of age, but interactive consoles are just for kids...which is retarded.

There are hundreds of porn games out there, it's just that the vast majority of them are Japanese (hentai games). Oddly, my favorite of those I've played is this silly little top-down shooter called Sentimental Shooting, where items of clothing are the "ground targets".

*waits for Brandon to call her a kinky harlot again...*

[Mommy]

I think it's total bullshit. Grasping at straws to try and stop video games from harming America's youth. Because we all know that playing doom taught us how to be serial killers.

according to a lot of well-documented child psychology theories, some children are more easily influenced than others....especially kids with high functioning autism. Ever talk to a kid with high functioning autism who has just watched a movie or tv show? They will be mimicing everything they just heard and saw. This is just an example, but still I think its a great idea.

[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.

[Mommy]

ZING!

[impala454]

here's the actual sentencing from New York Penal Law Section 70.00
http://law.onecle.com/new-york/penal/PEN070.00_70.00.html

(e) For a class E felony, the term shall be fixed by the court, and
shall not exceed four years.

...

Alternative definite sentence for class D and E felonies. When a
person, other than a second or persistent felony offender, is sentenced
for a class D or class E felony, and the court, having regard to the
nature and circumstances of the crime and to the history and character
of the defendant, is of the opinion that a sentence of imprisonment is
necessary but that it would be unduly harsh to impose an indeterminate
or determinate sentence, the court may impose a definite sentence of
imprisonment and fix a term of one year or less.

so, I'd doubt that some lil cashier at best buy selling an M rated game would receive much prison time. at least, not as much as the owner of some pr0n shop selling debbie does dallas to a five year old for the 3rd time.

[cupcake]

There are hundreds of porn games out there, it's just that the vast majority of them are Japanese (hentai games). Oddly, my favorite of those I've played is this silly little top-down shooter called Sentimental Shooting, where items of clothing are the "ground targets".

*waits for Brandon to call her a kinky harlot again...*

really? I didn't know that. then again I don't do much porn...

unlike you perverts!

[Jim]

according to a lot of well-documented child psychology theories, some children are more easily influenced than others....especially kids with high functioning autism. Ever talk to a kid with high functioning autism who has just watched a movie or tv show? They will be mimicing everything they just heard and saw. This is just an example, but still I think its a great idea.

And it's the GOVERNMENT'S job to make sure that the PARENT'S autistic child is kept away from anything that may influence them? Right.