"You get points (in that game) for having sex with a prostitute; you get points for killing the prostitute" — and such material for underage children is just not appropriate, Matheson said.

While many violent and/or sexually explicit video games are popular, if purchased by those 17 or 18 years old (depending on the game's rating) they should be allowable under freedom of speech guarantees, he said.

An Illinois law that attempted to define content and ratings for video games was recently struck down on First Amendment grounds, Matheson said.

"I stay away from that unconstitutional aspect" by not saying what can or can't be in a video game sold to a minor, he said.

Rather, Matheson uses the Entertainment Software Rating Board's current standards — a rating system adopted by the video game industry. The bill will say no one under 17 can buy a "mature" rated game; no one under 18 can buy an "adult only" rated game, either in person at a retail store or online.

Most video game retailers aren't checking IDs now, Matheson said, "although Best Buy (stores) are doing very well in educating and training their employees" not to sell games to underage buyers.

The ESRB Web site says that 12 percent of the $7.3 billion in games sold in the United States last year were rated "M" for "mature" — recommended only for those 17 years old or older — the games containing intense violence, blood and gore, sexual content and/or strong language.

Only 1 percent of the game sales were rated "AO" for "Adult Only" — for 18-year-old or older players, containing prolonged scenes of intense violence or graphic sex and nudity.

Thus Matheson's bill would not apply to 87 percent of the video games sold, since they don't include such objectionable material and are not rated "M" or "AO."

Matheson spokeswoman Alyson Heyrend said the congressman has not yet decided on the criminal penalties applied to the offending retail salesperson and/or the retail firm, although fines and jail sentences could be included.

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E-mail: bbjr@desnews.com