Michigan Laws 722.693 – Good faith as defense
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Terms Used In Michigan Laws 722.693
- Minor: means a person less than 17 years of age. See Michigan Laws 722.686
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Ultra-violent explicit video game: means a video game that continually and repetitively depicts extreme and loathsome violence. See Michigan Laws 722.686
- Video game: means an object or device that stores recorded data or instructions generated by a person who uses it, and by processing the data or instructions creates an interactive game capable of being played, viewed, or experienced on or through a computer, gaming system, game console, or other technology. See Michigan Laws 722.686
(1) It is an affirmative defense to an alleged violation under this part that the person acted in good faith. Except as provided in subsection (2), good faith exists if at the time the alleged violation occurs all of the following conditions are satisfied:
(a) The minor shows the person identification that appears to be valid and that contains a photograph and a date of birth purporting to show that the minor is 17 years of age or older, or the service terms of the internet provider of a seller or rental enterprise that sells or rents ultra-violent explicit video games over the internet require a purchaser or renter to be 17 years of age or older if all of the following conditions are met:
(i) The ultra-violent explicit video game is purchased or rented over the internet.
(ii) The ultra-violent explicit video game is sent to the purchaser’s or renter’s home or place of residence or otherwise made directly available through the internet to the purchaser or renter.
(iii) The purchaser or renter of the ultra-violent explicit video game uses a credit card to purchase or rent the ultra-violent explicit video game.
(b) The person does not have independent knowledge that the minor is under 17 years of age.
(c) Relying upon information described in subdivisions (a) and (b), the person complies with a rating system established by the pertinent entertainment industry that does not conflict with this part.
(2) If the person possesses managerial responsibility for a business enterprise, good faith exists if at the time the alleged violation occurs the business enterprise satisfies all of the following conditions:
(a) The business enterprise has in existence a policy that its employees are required to comply with a rating system established by the pertinent entertainment industry that does not conflict with this part.
(b) The business enterprise trains its employees to follow the policy described in subdivision (a).
(c) The business enterprise enforces the policy described in subdivision (a).