Video-game measure may be tough sell to courts

Rep. Scott Wyatt, R-Logan, doesn't hide the fact that a law that would keep ultra-violent video games out of the hands of minors would be tough to defend in court.

"I find this issue difficult," Wyatt told the House Public Utilities and Technology Committee on Tuesday about his bill, HB50. The panel is expected to take a vote on the legislation Friday.

Wyatt said he's certain Utah would be sued if lawmakers pass his bill, but he added that would be worth the expense.

"I'm convinced we have a compelling interest to protect our children," he said.

HB50 would amend Utah's harmful material to minors statute to making it a third-degree felony for adults to provide minors with extremely violent or obscene video games.

Wyatt said his bill wouldn't affect many video game titles, targeting those that are "over the top" with violence and other adult-themed content.

Wyatt said the bill uses language that mirrors Utah's obscenity statute in describing what type of material is legally off-limits to children.

"I oppose violent video games," Attorney General Mark Shurtleff said, noting the bill's intent is worthwhile.

But Shurtleff spoke out against it, saying eight federal courts have ruled that similar legislation was unconstitutional.

Wyatt admitted that several similar bills have been struck down by the federal court system and declared unconstitutional. And the legal battles have come at taxpayer expense with some states paying as much as $500,000 in court and attorney fees.

While Shurtleff said such a law would be tough to defend, he would do it if it passed. "We will find every bit of evidence we can," he said.

Wyatt said the state has a compelling interest in keeping the games out of minors' hands. He cited evidence from the American Psychological Association and other groups, which point to a correlation between exposure to video game violence and real-life aggressive behavior.

Gayle Ruzicka, president of the Utah Eagle Forum, agreed and told lawmakers her motives for championing the bill were clear: "This is about the children."

She said money shouldn't be an issue. "Let's spend the $500,000 (to defend the law)."

Matt Anderson, a lobbyist representing video game makers, said that his industry is concerned about kids playing violent video games and added that the average game player is 33 years old.

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