§ 11-65-3 - Immunity of motion picture theater owner.
SECTION 11-65-3
§ 11-65-3 Immunity of motion picturetheater owner. – (a) Any theater owner or lessee, or an employee or agent of a theater owner orlessee, who observes any person committing an offense or attempting to commitan offense in violation of this chapter may stop the person. Immediately uponstopping the person, the theater owner, an employee or agent of a theater ownershall identify himself or herself and state his or her reason for stopping theperson. If after his or her initial confrontation with the person undersuspicion, the theater owner or lessee, or employee or agent of a theater owneror lessee, has reasonable grounds to believe that at the time stopped, theperson was committing or attempting to commit the crime of unlawful operationof a recording device on the premises, the theater owner or lessee, or employeeor agent of a theater owner or lessee, may detain the person for a reasonabletime sufficient to summon a police officer to the premises. In no case shallthe detention be for a period exceeding one hour. Detention must beaccomplished in a reasonable manner without unreasonable restraint or excessiveforce, and may take place only on the premises of the "motion picture theater"establishment where the alleged crime occurred. Any person so stopped by atheater owner or lessee, or employee or agent of an owner or lessee pursuant tothis section shall promptly identify himself or herself by name and address.Once placed under detention, no other information shall be required of theperson and no written and/or signed statement shall be elicited from the personuntil a police officer has taken him or her into custody.
(b) For the purposes of this section, "reasonable grounds"includes knowledge that a person appeared to be operating a recording device onthe premises in violation of § 11-65-2, or appeared to be attempting tooperate a recording device in violation of § 11-65-2 while on the premises.
(c) In detaining a person whom the theater owner, or anemployee or agent of a theater owner has reasonable grounds to believe iscommitting the crime of unlawful operating of a recording device, the theaterowner, or an employee or agent of a theater owner may use a reasonable amountof nondeadly force when and only when that force is necessary to protecthimself or herself, or to prevent the escape of the person being detained orthe loss of the unlawful audiovisual recording.
(d) The owner or lessee of a motion picture theater, or theagent or employee of such owner or lessee, who alerts law enforcementauthorities of an alleged violation of this chapter shall not be liable in anycivil action arising out of measures taken by such owner, lessee, agent oremployee in the course of reasonably detaining a person that the owner, lessee,agent or employee had reasonable grounds to believe violated this chapter.