SPARTANBURG, S.C. - Rep. Ralph Davenport, R-Boiling Springs, wants to make it a crime to sell or rent video games that depict the killing or injuring of law enforcement officers.

Critics doubt Davenport's bill would pass constitutional muster.

"It's disturbing that video games make targets of law enforcement officers, but the First Amendment protects things we like and things we find disturbing," said Sean Bersell, spokesman for the Encino, Calif.-based Video Software Dealers Association.

"We understand the concept, but the solution is the wrong solution and this bill is unconstitutional," he said.

Blockbuster spokesman Randy Hargrove said the bill is unnecessary. "We think it should be up to the consumer to decide."

Davenport's bill, co-sponsored by Rep. Glenn Hamilton, R-Greenville, would make the crime a misdemeanor and impose a sentence of one year in prison or a fine of up to $1,000 upon conviction.

Bersell said the bill's wording is problematic.

"What's a law enforcement officer?" he asked. "What if a game targets a Gestapo officer or a Special Republican Guard? It's just poorly drafted."

Bersell said a similar bill that prohibits selling or renting such games to minors is on the desk of Washington Gov. Gary Locke.

But it still might get approval in the House because legislators don't want to be painted as pro-violence by voting against the bill, said Furman University political science professor and constitutional lawyer Donald Aiesi.

However, "there's absolutely no way a law like that would be upheld," he said.

Information from: Herald-Journal