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A prosecutor in southern Indiana said he was responding to a complaint when he sent a letter to businesses with DVD rental kiosks, warning them they could face criminal prosecution if minors got access to R-rated movies.
Vanderburgh County Prosecutor Stan Levco declined to give any information about the person who complained.
The prosecutor said the move was not a popular one.
“The response has been pretty uniformly negative,” Levco said.
The kiosks
The rental kiosks are like vending machines for DVDs.
A customer can select a DVD from a list and then use a credit card to rent it.
Redbox is a company that operates DVD rental machines in Delaware County.
The kiosks require a credit card and say that a person must be 18 years old to use them. They also remind the person of the 18 and over requirement if they choose an R-rated movie.
The company said in a statement that choosing which content is appropriate for what age is a parental decision.
“Parental supervision is the most important factor in entertainment access and selection,” the statement said.
The Law
Levco said the Indiana law he was looking at was distribution of material harmful to a minor, a class D felony.
Dom Caristi is a senior researcher for the Digital Policy Institute. He said movie ratings are voluntary and would be difficult to legally enforce.
Levco said he has discussed his concerns with attorneys for companies that maintain the kiosks.
He said he will listen to what companies have to say and do more research on his own. He hopes the law will become clear so he can make a decision.
“I haven’t made any determination whether or not I will proceed,” Levco said.
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