March 23, 2006

Ask The Lawyer

Interesting new laws for 2006 include laws regarding violent video games, custody
and sex offenders and increase in Small Claims Court jurisdiction

This week’s question:
You usually start off the year with an article about new laws for the New Year. Unless I missed it, you haven’t done so for this year. Are there any changes in the laws that Almaden Valley residents might be interested in?

Robert R.
Almaden Valley

Dear Robert,
That’s a good question, Robert. The reason why I haven’t written that column yet is because readers have been sending so many good questions in other areas of the law. But yes, there are many new and interesting laws for the new year of 2006. Here are just a few of them.

First of all, Small Claims Court jurisdiction is now up to $7,500, as of Jan. 1, 2006. California Code of Civil Procedure Section 116.221 was amended to provide that the small claims court has jurisdiction in an action brought by a natural person, if the amount of the demand does not exceed $7,500.

For several years until the new change, the limit of Small Claims Court was $5,000. It seems to me that the increase to $7,500 is a good move by the legislature, especially in view of the increased cost for people to retain private attorneys. If your claim is a little bit over that, you might want to consider waiving the excess and filing your claim for the $7,500.

Another change is that if you reside with a registered sex offender, you may have difficulty in obtaining custody or even unsupervised visitation with one or more of your children. California Family Code §3030.5 was enacted to provide several safeguards for children who reside with registered sex offenders.

An interesting new area of the law is Civil Code §1746 pertaining to violent video games. Probably most of us have seen them, and now the state legislature is dealing with the problem.

Now, a person may be fined up to $1,000 if he or she gives a minor a violent video game, unless the person is employed solely in the capacity of a salesclerk or other similar position with no ownership interest in the business in which the violation occurred and is not employed as a manager in that business.

A “violent video game” is defined as a video game in which the range of options available to a player includes killing, maiming, dismembering, or sexually assaulting an image of a human being, if those acts are depicted in the game in a manner prescribed by Civil Code §1746.

Other definitions include “cruel,” “depraved,” “heinous,” “serious physical abuse” and “torture.” A “minor” means any natural person who is under 18 years of age.

A “video game” means any electronic amusement device that utilizes a computer, microprocessor, or similar electronic circuitry and its own monitor, or is designed to be used with a television set or a computer monitor, that interacts with the user of the device.

If a video game fits the parameters established by the legislature, then labeling with a solid white 18-inch outlined in black is required, not less than 2 inches by 2 inches, with the 18 inches to be displayed on the front face of the video game package.

Any suspected violation of the violent video game law may be reported to a city attorney, county counsel, or district attorney by a parent, legal guardian, or other adult acting on behalf of a minor to whom a violent video game has been sold or rented. Prosecution may be brought by any city attorney, county counsel, or district attorney.

Any of the above statutory references to California Code sections can be viewed online by going to www.findlaw.com. Then head for California statutes and click on the applicable code, such as “Civil” code or “Family” code. After that, enter the number of the section. (You may need to register and thereafter put up with some junk e-mail, but there is no fee as such.)

Please remember as I always point out that a consultation with your attorney is always advisable for a complete understanding of how laws in general may apply (or may not apply) to your particular situation.

So that’s it, Robert for a sampling of interesting new laws for 2006. Volumes would be needed to cover all of them.

Donald J. DeVries
Almaden Valley


Donald J. DeVries is an attorney practicing law in Almaden Valley. If you would like him to answer your question in his next Almaden Times column, you can reach him by e-mail at don@almadenvalleylawyers.com, fax at (408) 268-6502, telephone at (408) 268-9500, or mail at, 6475 Camden Avenue, Suite 200, San Jose, CA 95120. Your matters are personal and private, so of course, he will not disclose your identity or any details about your situation. To view Almaden Times columns since 1986 visit www.almadenvalleylawyers.com. DeVries writes this column to provide you with general information about important legal matters affecting California residents—not to give you legal advice about your specific matter. No attorney-client relationship is created by these articles. The law is complex and constantly changing and varies from state to state. So you should consult an attorney before taking any action that would affect your personal or business matters.