At least one locally owned company finds value in a proposed bill that would criminalize the sale of violent video games to minors in Utah — but questions its method.

Graywhale CD Exchange, which has seven Utah locations, already restricts sales of "mature"-rated video games and CDs with explicit lyrics to youths, said store director Dustin Hansen. It is not uncommon, however, for a minor to return later with a parent, who makes the purchase.

"When you start throwing my (employees) in jail for selling a video game to somebody, it's ridiculous," Hansen said. "I do agree with not selling stuff to kids, I have morals. ... But I just don't think it's necessary to make it that severe when it should be the parents' responsibility."

The proposed bill, sponsored by Rep. Scott Wyatt, R-Logan, would amend the state's Material Harmful to Minors Act to include inappropriate violence in video games that "appeals to the morbid interest of minors."

A person convicted of providing harmful material to a minor, such as pornography, or, if Wyatt's measure passes, violent video games, is guilty of a third-degree felony, punishable by up to five years in jail.

The Legislature's Judiciary Interim Committee approved Wyatt's proposal on Wednesday.

Utah Attorney General Mark Shurtleff previously warned committee members that the bill, if challenged in court, would likely be declared unconstitutional. The problem, Shurtleff said Thursday, is that the statutes are based solely on content, a violation of the First Amendment.

"Obviously, they make the laws and we're going to have to defend them, but I am concerned that they'll pass a law that we won't be able to successfully defend in court," he said.

Still, a number of committee members on Wednesday argued that protecting children is worth fighting the $25 billion a year video game industry.

"Somewhere we have to stand up as citizens and parents and legislators and say, 'That's enough,"' said Rep. Dave Hogue, R-Riverton. "I very seriously think that we need to push this forward and find if we're going to have a challenge or not and have the attorney general fight those battles."

Hogue sponsored a similar measure in the 2006 Legislature. That bill passed the Utah House on a 56-8 vote but was never heard in the Senate. Hogue did not run for re-election, so he will not be in office to carry the bill through the 2007 legislative session.

Eight other states have passed similar measures, and seven have been declared unconstitutional, according to Wednesday's testimony. A Louisiana measure, which is the closest in wording to Utah's proposed bill, has been preliminarily enjoined as a challenge of the law works its way through the federal courts there.