722.687 Dissemination of ultra-violent explicit video game to minor; prohibition; violation; penalties.
258 words·~1 min read·
/mi/chapter-722/722-687A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
722.687 Dissemination of ultra-violent explicit video game to minor; prohibition; violation; penalties.
Sec. 17.
(1)A person shall not knowingly disseminate to a minor an ultra-violent explicit video game that is harmful to minors. Except as provided in subsections
(2)and (3), a person who violates this subsection is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $5,000.00.
(2)A person who violates subsection
(1)and who has 1 prior determination of responsibility under this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $15,000.00.
(3)A person who violates subsection
(1)and who has 2 or more prior determinations of responsibility under this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $40,000.00. In imposing a fine under this subsection, the court shall consider the scope of the defendant's commercial activity in disseminating ultra-violent explicit video games to minors.
History: Add. 2005, Act 108 , Eff. Dec. 1, 2005
Constitutionality: In Entertainment Software Association v Granholm, F Supp (2006), the United States district court for the Eastern District of Michigan, Southern Division, permanently enjoined enforcement of an act regulating sexually explicit and ultra-violent video games as violating free speech rights and the due process requirement that a law be sufficiently definite to provide notice of the conduct prohibited that are granted in the First and Fourteenth Amendments to the United States Constitution.