[§708-835.4]  Unauthorized operation of a
recording device in a motion picture theater.  (1)  A person commits the
offense of unauthorized operation of a recording device in a motion picture
theater if the person knowingly operates the audiovisual recording function of
any device in a motion picture theater while a motion picture is being
exhibited, without the consent of the motion picture theater owner.



(2)  This section shall not prevent any
lawfully authorized investigative, protective, law enforcement, or
intelligence-gathering employee or agent of the local, state, or federal
government, from operating any audiovisual recording device in a motion picture
theater as part of lawfully authorized investigative, protective, law
enforcement, or intelligence-gathering activities.



(3)  Unauthorized operation of a recording
device in a motion picture theater is a misdemeanor.



(4)  For the purposes of this section:



"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.



"Motion picture theater" means a
movie theater, screening room, or other venue in use primarily for the
exhibition of a motion picture at the time of the offense. [L 2005, c 59, §1]



 



COMMENTARY ON §708-835.4



 



  Act 59, Session Laws 2005, created the misdemeanor offense of
unauthorized operation of a recording device in a motion picture theater.  An
exception is made for legitimate uses of audiovisual recording devices for a
lawfully authorized investigative, protective, law enforcement, or
intelligence-gathering employee or agent of the local, state, or federal
government.  The legislature found that movie piracy through unauthorized
audiovisual recordings made in movie theaters has resulted in losses to the
motion picture industry, including actors, producers, and distributors of
motion pictures.  Illicitly copied movies are illegally duplicated, packaged,
and distributed across the country and abroad, further aggravating industry
losses.  Conference Committee Report No. 71, House Standing Committee Report
No. 827.