13-3723. Unlawful operation of a recording device with the intent to record a motion picture; classification; definitions

A. It is unlawful for a person to knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being exhibited with the intent to record the motion picture when that person knew or should have known they were doing so without the consent of the owner or lessee of the facility in which the motion picture is being exhibited.

B. With reasonable cause, a person may detain on the premises in a reasonable manner and for a reasonable time any person suspected of the unlawful recording of a motion picture as prescribed in subsection A for questioning or summoning a law enforcement officer. For the purposes of this subsection, " person" means:

1. The owner or lessee of a facility in which a motion picture is being exhibited or the owner's or lessee's authorized agent or employee.

2. The licensor of the motion picture being exhibited or the licensor's authorized agent or employee.

C. This section does not prevent any federal or state law enforcement agency or officer that is engaged in any intelligence gathering activities or any other lawful investigation from operating any audiovisual recording device in any facility in which a motion picture is being exhibited.

D. This section does not prevent prosecution under any other provision of law that provides for a greater penalty.

E. A person who violates this section is guilty of a class 1 misdemeanor.

F. For the purposes of this section:

1. " Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.

2. " Facility" means any theater, screening room, indoor or outdoor screening venue, auditorium, ballroom or other premises where motion pictures are publicly exhibited, regardless of whether an admission fee is charged, but does not include the lobby area of a theater or a personal residence.