Section 578.500

Title XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 578

Effective - 28 Aug 2005, 2 histories, see footnote   (history) 

  578.500.  Until December 31, 2016 — Operating an audiovisual recording device in a motion picture theater — definitions — violations, penalty. — 1.  Any person, while a motion picture is being exhibited, who knowingly operates an audiovisual recording function of a device in a motion picture theater without the consent of the owner or lessee of the motion picture 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 any part thereof by means of any technology now known or later developed.

  3.  As used in this section, 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, but excluding the lobby, entrance, or other areas of the building where a motion picture cannot be viewed.

  4.  The provisions of this section shall not prevent any lawfully authorized investigative, law enforcement protective, or intelligence-gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any facility where a motion picture is being exhibited, as part of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities.  The owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of such owner or lessee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken by such owner, lessee, agent, or employee in the course of subsequently detaining a person that the owner, lessee, agent, or employee in good faith believed to have violated this section while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that such measures were unreasonable or the period of detention was unreasonably long.

  5.  Any person who has pled guilty to or been found guilty of violating the provisions of this section shall be guilty of a class A misdemeanor, unless the person has previously pled guilty or been found guilty of violating the provisions of this section, in which case it is a class D felony.

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(L. 2005 H.B. 353)

Transferred 2014; now 570.302; Effective 1-01-17