Since when is Mario64 an M rated game?
The bill is not limited to 'M rated games'. The bill specificly ignores ESRB ratings. It's a 'blanket bill' for all violent games (except appearently, those based on real attrocities).The fact that Mario64 isn't rated M, doesn't mean jumping on peoples heads to get their money isn't an act of violence. In fact I'm pretty sure a judge would call that agrevated assault.
I did let him play Mario Sunshine and he loves it, but I think thats a 3+ which means anyone that can hold a controller.
Again, the bill doesn't care how or who has rated the game. The bill cares that it's violent (and preferably fictional).In fact going by the ESRBs ratings this bill would make you a criminal, if you sold or made available all 'T' rated games, and some 'E' rated games to a minor (18 years old in Utah IIRC). In fact anything a judge would deem "patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors".