§ 14-440.1. Unlawful operation of an audiovisual recording device.
§ 14‑440.1. Unlawfuloperation of an audiovisual recording device.
(a) Definitions. Thefollowing definitions apply to this section:
(1) "Audiovisualrecording device" means a digital or analog video camera, or any othertechnology or device now known or later developed, capable of recording,copying, or transmitting a motion picture, or any part thereof, regardless ofwhether audiovisual recording is the sole or primary purpose of the device.
(2) "Motion picturetheater" means a movie theater, screening room, or other venue that isbeing utilized primarily for the exhibition of a motion picture at the time ofthe offense.
(a1) Misdemeanor Offense. Any person who knowingly operates or attempts to operate a device capable offunctioning as a digital or analog photographic camera for the purpose ofrecording, copying, or transmitting a part of a motion picture not greater thanone image, without the written consent of the motion picture theater ownershall be guilty of a Class 1 misdemeanor.
(b) Felony Offense. Anyperson who knowingly operates or attempts to operate an audiovisual recordingdevice in a motion picture theater to transmit, record, or otherwise make acopy of a motion picture, or any part thereof, without the written consent ofthe motion picture theater owner shall be guilty of a felony, punishable asprovided in subsection (c) of this section.
(c) Penalty. Aviolation of subsection (b) of this section is punishable as follows:
(1) Unless the conductis covered under some other provision of law providing greater punishment, anyperson convicted of a violation of subsection (b) of this section is guilty of:
a. A Class I felony, ifthe violation is a first offense under this section, with a minimum fine of twothousand five hundred dollars ($2,500).
b. A Class I felony, ifthe violation is a second or subsequent offense under this section, with aminimum fine of five thousand dollars ($5,000).
(2) If a person isconvicted of a violation of subsection (b) of this section, the court, in itsjudgment of conviction, shall order the forfeiture and destruction or otherdisposition of the following:
a. All unauthorizedcopies of motion pictures or other audiovisual works, or any parts thereof.
b. All implements,devices, and equipment used or intended to be used in connection with theoffense.
(d) Immunity of CertainPersons. The owner or lessee of a motion picture theater, or the authorizedagent or employee of the owner or lessee, who detains any person shall not beheld civilly liable for claims arising out of such detention, when thedetention is upon the premises of the motion picture theater or in a reasonableproximity thereto, is in a reasonable manner for a reasonable length of time,and, if in detaining the person, the owner, lessee, agent, or employee had, atthe time of the detention, probable cause to believe that the person committedan offense under this section. If the person being detained by the owner,lessee, agent, or employee is a minor under the age of 18 years, the owner,lessee, agent, or employee shall call or notify, or make a reasonable effort tocall or notify, the parent or guardian of the minor during the period ofdetention. An owner, lessee, agent, or employee who makes a reasonable effortto call or notify the parent or guardian of the minor shall not be held civillyliable for failing to notify the parent or guardian of the minor.
(e) AuthorizedActivities. This section does not prevent any lawfully authorizedinvestigative, protective, law enforcement, or intelligence gathering employeeor agent of a local, State, or federal government from operating anyaudiovisual recording device in a motion picture theater, as part of lawfullyauthorized investigative, protective, law enforcement, or intelligencegathering activities. (2005‑301, s. 1; 2007‑463, s. 1; 2007‑484, s.43.7J.)