578.500. Operating an audiovisual recording device in a motion picture theater--definitions--violations, penalty.
Operating an audiovisual recording device in a motion picturetheater--definitions--violations, penalty.
578.500. 1. Any person, while a motion picture is being exhibited, whoknowingly operates an audiovisual recording function of a device in a motionpicture theater without the consent of the owner or lessee of the motionpicture theater shall be guilty of criminal use of real property.
2. As used in this section, the term "audiovisual recording function"means the capability of a device to record or transmit a motion picture or anypart thereof by means of any technology now known or later developed.
3. As used in this section, the term "motion picture theater" means amovie theater, screening room, or other venue that is being utilized primarilyfor the exhibition of a motion picture at the time of the offense, butexcluding the lobby, entrance, or other areas of the building where a motionpicture cannot be viewed.
4. The provisions of this section shall not prevent any lawfullyauthorized investigative, law enforcement protective, orintelligence-gathering employee or agent, of the state or federal government,from operating any audiovisual recording device in any facility where a motionpicture is being exhibited, as part of lawfully authorized investigative,protective, law enforcement, or intelligence-gathering activities. The owneror lessee of a facility where a motion picture is being exhibited, or theauthorized agent or employee of such owner or lessee, who alerts lawenforcement authorities of an alleged violation of this section shall not beliable in any civil action arising out of measures taken by such owner,lessee, agent, or employee in the course of subsequently detaining a personthat the owner, lessee, agent, or employee in good faith believed to haveviolated this section while awaiting the arrival of law enforcementauthorities, unless the plaintiff can show by clear and convincing evidencethat such measures were unreasonable or the period of detention wasunreasonably long.
5. Any person who has pled guilty to or been found guilty of violatingthe provisions of this section shall be guilty of a class A misdemeanor,unless the person has previously pled guilty or been found guilty of violatingthe provisions of this section, in which case it is a class D felony.
(L. 2005 H.B. 353)