§ 18-4-516 — Criminal operation of a device in motion picture theater

(1) A
person who, while within a motion picture theater, knowingly operates an
audiovisual recording function of a device for the purpose of recording a motion
picture, while a motion picture is being exhibited, without the consent of the owner
or lessee of the motion picture theater, commits the offense of criminal operation
of a device in a motion picture theater.

(2) Criminal operation of a device in a motion picture theater is a civil
infraction.

(3) If a person operates or appears to operate an audiovisual recording
function for the purpose of recording a motion picture in a motion picture theater,
the owner or lessee of a facility in which a motion picture is being exhibited, or the
authorized agent or employee of the owner of lessee, or any peace or police officer,
acting in good faith and upon probable cause based upon reasonable grounds
therefor, may detain and question such person, in a reasonable manner for the
purpose of ascertaining whether the person is guilty of criminal operation of a
device in motion picture theater. Such questioning of a person by the owner or
lessee of a motion picture theater, or the authorized agent or employee of the
owner or lessee, or peace or police officer does not render the owner or lessee of a
motion picture theater, or the authorized agent or employee of the owner or lessee,
or peace or police officer civilly or criminally liable for slander, false arrest, false
imprisonment, malicious prosecution, or unlawful detention.

(4) This section does not prevent a lawfully authorized investigative, law
enforcement, or intelligence-gathering employee or agent of the state or federal
government, while operating within the scope of lawfully authorized investigative,
protective, law enforcement, or intelligence-gathering activities, from operating an
audiovisual recording function of a device in a motion picture theater.

(5) Nothing in this section prevents prosecution under any other provision of
law providing for greater penalty.

(6) As used in this section:

(a) Audiovisual recording function means the capability of a device to
record or transmit a motion picture or any part thereof by means of any technology
now known or hereafter developed.

(b) Motion picture theater means a movie theater, screening room, or other
venue when used primarily for the exhibition of motion pictures.

Legislative History

Source: L. 2004: Entire section added, p. 922, � 1, effective July 1. L. 2021: (2) amended, (SB 21-271), ch. 462, p. 3180, � 221, effective March 1, 2022.