5-36-122. Motion picture piracy.

5-36-122. Motion picture piracy. (a) As used in this section: (1) “Audiovisual recording function” means the capability of a device to record or transmit an image, a sound, or any part of an image or sound; (2) “Motion picture” means any series of images projected on a film screen or displayed in or on any other matter in successive and slightly changed positions so as to produce the optical effect of a continuous picture in which the images move; and (3) “Motion picture theater” means any movie theater, screening room, or other venue utilized primarily for the exhibition of a motion picture that has been produced for commercial distribution. (b) A person commits motion picture piracy if, without the consent of the motion picture theater owner or lessee, the person operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited with the purpose of recording an image or sound of the motion picture. (c)(1)(A) An owner, a lessee, or an employee of a motion picture theater who reasonably suspects a person of committing motion picture piracy in the motion picture theater may detain the person in a reasonable manner and for a reasonable length of time in order to identify the person and to transfer custody of the person to a law enforcement officer. (B) A detention conducted in a reasonable manner and for a reasonable length of time by an owner, a lessee, or an employee of the motion picture theater does not render the owner, lessee, or employee criminally or civilly liable for false arrest, false imprisonment, or unlawful detention. (2)(A) Upon detention of a person under this section, an owner, a lessee, or an employee of the motion picture theater shall promptly and without delay contact a law enforcement agency, and the owner, lessee, or employee of the motion picture theater shall release the person to the custody of the responding law enforcement officer. (B) The owner, lessee, or employee of a motion picture theater who observed the person reasonably suspected of committing the offense of motion picture piracy shall provide a written statement to the responding law enforcement officer and the written statement serves as probable cause to justify an arrest. (3)(A) A law enforcement officer may arrest a person without a warrant upon probable cause for believing the person has committed the offense of motion picture piracy. (B) Upon arrest by a law enforcement officer, the arrested person shall be afforded the opportunity to make a bond or recognizance as in other criminal cases. (d) This section does not prevent any investigative officer, law enforcement officer, protective officer, intelligence officer, employee, or agent of a local municipal, county, state, or federal government from operating any audiovisual recording device in a motion picture theater as part of a lawfully authorized investigative, law enforcement, protective, or intelligence gathering activity. (e) Motion picture piracy is a Class A misdemeanor.