SB 23 Creates criminal use of property by operating audiovisual recording devices while in a movie
Sponsor: Griesheimer Co-Sponsor(s)
LR Number: 0053S.03P Fiscal Note: 0053-03
Committee: Judiciary and Civil & Criminal Jurisprudence
Last Action: 5/13/2005 - H Calendar S Bills for Third Reading Journal Page:
Title: SCS SBs 23 & 51 Calendar Position:
Effective Date: August 28, 2005

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Current Bill Summary


SCS/SBs 23 & 51 - This act concerns entertainment-related criminal offenses.

This act provides that for certain offenses involving unauthorized recordings the penalty is a fine of not more than $50,000 or a prison sentence of not more than five years if the offense involves 100 or more articles. Currently, this act says that such a penalty is applicable to offenses involving 1,000 or more articles.

This act includes knowingly attempting to connect to, tamper with, or interfere with cable television signals, cables, wires, devices, or equipment, which results in the unauthorized use of a cable television system or the disruption of the delivery of the cable television service, in the crime of theft of cable television.

Theft of cable television committed in this manner is a Class C felony.

This act creates the offense of criminal use of real property through the misuse of audiovisual recording devices. A person who knowingly videotapes a movie without proper consent from certain individuals is guilty of criminal use of real property.

This act defines a motion picture theater as a movie theater, screening room, or other venue being used primarily for the exhibition of a motion picture, but excluding the lobby, entrance, or any other area where a motion picture cannot be viewed.

Certain persons who alert law enforcement authorities of an alleged violation shall not be civilly liable for subsequent actions taken to detain an individual until such law enforcement authorities arrive if he or she acts in good faith. There is an exception to this provision if the plaintiff can prove that he or she was held for an unreasonable amount of time.

This act does not prohibit law enforcement from operating audiovisual recording devices during the course of their authorized activities.

This act makes criminal use of real property pursuant to this section a Class A misdemeanor unless it is a second or subsequent offense, in which case, it is a Class D felony.

Certain provisions of this act are identical to HCS/SS/SB 1023 (2004). This act is also similar to provisions in CCS/SS/SCS/HCS/HB 353 (2005).

SUSAN HENDERSON