S.B. 201

1

ANTICAMCORDER PIRACY
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Gregory S. Bell
5 House Sponsor: Scott L Wyatt
6
7 LONG TITLE
8 General Description:
9 This bill modifies Title 13, Commerce and Trade, by prohibiting the recording of a
10 motion picture being displayed in a theater and providing criminal penalties.
11 Highlighted Provisions:
12 This bill:
13 . provides definitions;
14 . establishes the offense of using any device to record or transmit a motion picture
15 displayed in a motion picture theater;
16 . provides that the first offense is a class A misdemeanor and any subsequent
17 violation is a third degree felony;
18 . provides for detention of the offender by the theater owner or employee while law
19 enforcement is contacted;
20 . provides protection from liability for an employer or employee who in good faith
21 detains a person; and
22 . exempts law enforcement and investigation operations acting within the motion
23 picture theater.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 ENACTS:
30 13-10b-101, Utah Code Annotated 1953
31 13-10b-102, Utah Code Annotated 1953
32 13-10b-201, Utah Code Annotated 1953
33 13-10b-301, Utah Code Annotated 1953
34 13-10b-302, Utah Code Annotated 1953
35 13-10b-401, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 13-10b-101 is enacted to read:
39 CHAPTER 10b. UNLAWFUL RECORDING OF A MOTION PICTURE
40 13-10b-101. Title.
41 This chapter is known as "Unlawful Recording of a Motion Picture."
42 Section 2. Section 13-10b-102 is enacted to read:
43 13-10b-102. Definitions.
44 As used in this chapter:
45 (1) "Audiovisual recording function" means the capability of a device to record or
46 transmit a motion picture or any part of the motion picture by means of any technology.
47 (2) "Motion picture theater" means a movie theater, screening room, or other venue
48 that is being utilized primarily for the exhibition of a motion picture at the time of the
49 commission of an offense under Section 13-10b-201 .
50 (3) "Owner or employee" means the owner or lessee of a motion picture theater, or the
51 authorized agent or employee of the owner or lessee.
52 Section 3. Section 13-10b-201 is enacted to read:
53 13-10b-201. Unlawful recording of a motion picture -- Penalties.
54 (1) It is unlawful for any individual to knowingly operate the audiovisual recording
55 function of any device in a motion picture theater:
56 (a) while a motion picture is being exhibited; and
57 (b) without the consent of the motion picture theater owner or operator.
58 (2) (a) A violation of this section is a class A misdemeanor.

59 (b) A second or subsequent violation of this section is a third degree felony.
60 Section 4. Section 13-10b-301 is enacted to read:
61 13-10b-301. Detention of suspect by owner or employee.
62 (1) Any owner or employee who has probable cause to believe that an individual has
63 committed the unlawful recording of a motion picture under Section 13-10b-201 may detain
64 the individual, on or off the premises of the motion picture theater, in a reasonable manner and
65 for a reasonable length of time for the following purposes:
66 (a) to make reasonable inquiry as to whether the individual has in his possession a
67 device that may reasonably be used in violation of Section 13-10b-201 ;
68 (b) to request identification;
69 (c) to verify the identification;
70 (d) to make a reasonable request of the individual to place or keep in full view any
71 device that the employer or employee has reason to believe the individual may have used in
72 violation of Section 13-10b-201 ; and
73 (e) (i) to inform a peace officer of the detention of the individual and surrender that
74 individual to the custody of a peace officer; or
75 (ii) in the case of a minor, to inform a peace officer, the parents, or the legal guardian
76 of this detention and to surrender custody of the minor to the responding individual.
77 (2) An employer or employee may make a detention under Subsection (1) off the
78 premises of the motion picture theater only if the detention is pursuant to the immediate pursuit
79 of the individual that the employer or employee has reason to believe has violated Section
80 13-10b-201 .
81 Section 5. Section 13-10b-302 is enacted to read:
82 13-10b-302. Immunity of owner or employee who contacts law enforcement.
83 The owner or employee of a motion picture theater who advises a law enforcement
84 agency of an alleged violation of this section is not liable in any civil action that arises out of
85 detaining an individual under Section 13-10b-301 whom the owner or employee reasonably
86 believes to have violated Section 13-10b-201 , unless the plaintiff can show by clear and
87 convincing evidence that the measures were manifestly unreasonable or the period of detention
88 was unreasonably long.
89 Section 6. Section 13-10b-401 is enacted to read:

90 13-10b-401. Law enforcement functions exempt.
91 This part does not prohibit any lawful investigation or collection of evidence by a
92 federal, state, or local law enforcement or investigative agency by means of any audiovisual
93 recording device used in a motion picture theater as part of investigative, protective, or law
94 enforcement functions.




Legislative Review Note
as of 1-26-06 8:17 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel