4116.1 - Unlawful operation of recording device in motion picture theater.

     § 4116.1.  Unlawful operation of recording device in motion                picture theater.        (a)  Offense.--A person commits the offense of unauthorized     operation of a recording device in a motion picture theater if     the person operates a recording device in the theater without     written authority or permission from the motion picture theater     owner.        (b)  Theater owner rights.--            (1)  A peace officer, theater owner or an agent under        contract with a theater owner who reasonably believes that an        offense under the section has occurred or is occurring and        who reasonably believes that a specific person has committed        or is committing an offense under this section may detain the        suspect in a reasonable manner for a reasonable time on or        off the premises for any of the following purposes:                (i)  To require the suspect to identify himself.                (ii)  To verify such identification.                (iii)  To determine whether the suspect has any            recordings in violation of this section and, if so, to            recover such recordings.                (iv)  To inform a peace officer.                (v)  To institute criminal proceedings against the            suspect.            (2)  If any person admitted to a theater in which a        motion picture is to be or is being exhibited refuses or        fails to give or surrender possession or to cease operation        of any recording device that the person has brought into or        attempts to bring into that theater, then a theater owner        shall have the right to refuse further admission to that        person or request that the person leave the premises.        (c)  Liability.--A theater owner or an employee or agent of a     theater owner who detains or causes the arrest of a person in or     immediately adjacent to a motion picture theater shall not be     held civilly or criminally liable in any proceeding arising out     of such detention or arrest if:            (1)  the person detaining or causing the arrest had, at        the time thereof, reasonably believed that the person        detained or arrested had committed or attempted to commit in        that person's presence an offense described in this section;            (2)  the manner of the detention or arrest was        reasonable;            (3)  law enforcement authorities were notified within a        reasonable time; and            (4)  the person detained or arrested was surrendered to        law enforcement authorities within a reasonable time.        (d)  Penalty.--A first violation of this section constitutes     a misdemeanor of the first degree. A second or subsequent     conviction is a felony of the third degree if at the time of     sentencing the defendant has been convicted of another violation     of this section.        (e)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Motion picture theater."  A premises used for the exhibition     or performance of motion pictures to the general public.        "Recording device."  A photographic or video camera, audio or     video recorder or any other device now existing or later     developed which may be used for recording or transferring sounds     or images.        "Theater owner."  An owner or operator and the agent,     employee, consignee, lessee or officer of an owner or operator     of any motion picture theater.     (Dec. 20, 1996, P.L.1499, No.194, eff. 60 days)        1996 Amendment.  Act 194 added section 4116.1.