720 ILCS 5/12B-20

Current through Public Act 103-585
Section 720 ILCS 5/12B-20 - Affirmative Defenses

In any prosecution arising under this Article, it is an affirmative defense:

(1) that the defendant was a family member of the minor for whom the video game was purchased. "Family member" for the purpose of this Section, includes a parent, sibling, grandparent, aunt, uncle, or first cousin;
(2) that the minor who purchased the video game exhibited a draft card, driver's license, birth certificate or other official or apparently official document purporting to establish that the minor was 18 years of age or older, which the defendant reasonably relied on and reasonably believed to be authentic;
(3) for the video game retailer, if the retail sales clerk had complete knowledge that the party to whom he or she sold or rented a violent video game was a minor and the clerk sold or rented the video game to the minor with the specific intent to do so; or
(4) that the video game sold or rented was pre-packaged and rated EC, E10+, E, or T by the Entertainment Software Ratings Board.

720 ILCS 5/12B-20

Added by P.A. 094-0315, § 5, eff. 1/1/2006.