Chapter 164

2005 -- H 5262 SUBSTITUTE A AS AMENDED

Enacted 07/06/05

A N A C T

RELATING TO CRIMINAL OFFENSES

Introduced By: Representatives Lewiss, Fox, Crowley, and Pacheco

Date Introduced: February 01, 2005

It is enacted by the General Assembly as follows:

SECTION 1. Title 11 of the General Laws entitled "Criminal Offenses" is hereby

amended by adding thereto the following chapter:

UNLAWFUL OPERATION OF A RECORDING DEVICE

11-65-1. Definitions. – As used in this chapter:

(1) The term "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 in use or later

developed.

(2) The term "motion picture theater" means a movie theater, screening room, or other

venue that is being utilized primarily for the exhibition of a motion picture at the time of the

offense provided for in section 11-65-2 of this chapter.

11-65-2. Unlawful operation of a recording device. -- (a) Any person who knowingly

operates the audiovisual recording function of any device in a motion picture theater, while a

motion picture is being exhibited with the intention of recording the movie or picture being

played, and without the consent of the motion picture theater owner, shall be guilty of a

misdemeanor.

(b) A person found guilty of the crime of unlawful operation of a recording device shall

be imprisoned for not more than one year, or fined not more than one thousand dollars ($1,000),

or both.

recording function of a device by any authorized employee or agent of a local, state or federal law

enforcement agency while such employee or agent is engaged in authorized investigative,

protective, law enforcement or intelligence gathering activities.

(d) Nothing in this section shall preclude prosecution of a person under any other

provision of the general statutes.

(e) Any person reasonably believed to have committed or to be committing the crime of

unlawful operation of a recording device as defined in section 11-65-2 shall be subject to

detention by a police officer in accordance with section 12-7-1.

11-65-3. Immunity of motion picture theater owner. – (a) Any theater owner or

lessee, or an employee or agent of a theater owner or lessee, who observes any person committing

an offense or attempting to commit an offense in violation of this chapter may stop the person.

Immediately upon stopping the person, the theater owner, an employee or agent of a theater

owner shall identify himself or herself and state his or her reason for stopping the person. If after

his or her initial confrontation with the person under suspicion, the theater owner or lessee, or

employee or agent of a theater owner or lessee, has reasonable grounds to believe that at the time

stopped, the person was committing or attempting to commit the crime of unlawful operation of a

recording device on the premises, the theater owner or lessee, or employee or agent of a theater

owner or lessee, may detain the person for a reasonable time sufficient to summon a police officer

to the premises. In no case shall the detention be for a period exceeding one hour. Detention must

be accomplished in a reasonable manner without unreasonable restraint or excessive force, and

may take place only on the premises of the "motion picture theater" establishment where the

alleged crime occurred. Any person so stopped by a theater owner or lessee, or employee or agent

of an owner or lessee pursuant to this section shall promptly identify himself or herself by name

and address. Once placed under detention, no other information shall be required of the person

and no written and/or signed statement shall be elicited from the person until a police officer has

taken him or her into custody.

(b) For the purposes of this section, "reasonable grounds" includes knowledge that a

person appeared to be operating a recording device on the premises in violation of section 11-65-

2, or appeared to be attempting to operate a recording device in violation of section 11-65-2 while

on the premises.

owner has reasonable grounds to believe is committing the crime of unlawful operating of a

recording device, the theater owner, or an employee or agent of a theater owner may use a

reasonable amount of nondeadly force when and only when that force is necessary to protect

himself or herself, or to prevent the escape of the person being detained or the loss of the

unlawful audiovisual recording.

(d) The owner or lessee of a motion picture theater, or the agent or employee of such

owner or lessee, who alerts law enforcement authorities of an alleged violation of this chapter

shall not be liable in any civil action arising out of measures taken by such owner, lessee, agent or

employee in the course of reasonably detaining a person that the owner, lessee, agent or employee

had reasonable grounds to believe violated this chapter.

SECTION 2. This act shall take effect upon passage.

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LC00904/SUB A/3

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