H.B. 279

This document includes House Committee Amendments incorporated into the bill on Tue, Feb 6, 2007 at 2:45 PM by jeyring. --> 1

CAMCORDER PIRACY OF MEDIA
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kevin S. Garn
5 Senate Sponsor: Gregory S. Bell
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 H. camcorder or similar .H device to record
14a 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 Part 1. General Provisions
41 13-10b-101. Title.
42 This chapter is known as "Unlawful Recording of a Motion Picture."
43 Section 2. Section 13-10b-102 is enacted to read:
44 13-10b-102. Definitions.
45 As used in this chapter:
46 (1) "Audiovisual recording function" means the capability of a device to record or
47 transmit a motion picture or any part of the motion picture by means of any technology.
48 (2) "Motion picture theater" means a movie theater, screening room, or other venue
49 that is being utilized primarily for the exhibition of a motion picture at the time of the
50 commission of an offense under Section 13-10b-201 .
51 (3) "Owner or employee" means the owner or lessee of a motion picture theater, or the
52 authorized agent or employee of the owner or lessee.
53 Section 3. Section 13-10b-201 is enacted to read:
54 Part 2. Penalties
55 13-10b-201. Unlawful recording of a motion picture -- Penalties.
56 (1) It is unlawful for any individual to knowingly operate the audiovisual recording
57 function of any H. camcorder or similar .H device in a motion picture theater:
58 (a) while a motion picture is being exhibited; and

59 (b) without the consent of the motion picture theater owner or operator.
60 (2) (a) A violation of this section is a class A misdemeanor.
61 (b) A second or subsequent violation of this section is a third degree felony.
62 Section 4. Section 13-10b-301 is enacted to read:
63 Part 3. Detention and Immunity
64 13-10b-301. Detention of suspect by owner or employee.
65 (1) Any owner or employee who has probable cause to believe that an individual has
66 unlawfully recorded a motion picture under Section 13-10b-201 may detain the individual, on
67 or off the premises of the motion picture theater, in a reasonable manner and for a reasonable
68 length of time to:
69 (a) make reasonable inquiry as to whether the individual has in his possession a device
70 that may reasonably be used in violation of Section 13-10b-201 ;
71 (b) request identification;
72 (c) verify the identification;
73 (d) make a reasonable request of the individual to place or keep in full view any device
74 that the employer or employee has reason to believe the individual may have used in violation
75 of Section 13-10b-201 ; and
76 (e) (i) inform a peace officer of the detention of the individual and surrender that
77 individual to the custody of a peace officer; or
78 (ii) in the case of a minor, inform a peace officer, the parents, or the legal guardian of
79 this detention and to surrender custody of the minor to the responding individual.
80 (2) An employer or employee may make a detention under Subsection (1) off the
81 premises of the motion picture theater only if the detention is pursuant to the immediate pursuit
82 of the individual that the employer or employee has reason to believe has violated Section
83 13-10b-201 .
84 Section 5. Section 13-10b-302 is enacted to read:
85 13-10b-302. Immunity of owner or employee who contacts law enforcement.
86 The owner or employee of a motion picture theater who advises a law enforcement
87 agency of an alleged violation of this section is not liable in any civil action that arises out of
88 detaining an individual under Section 13-10b-301 whom the owner or employee reasonably
89 believes to have violated Section 13-10b-201 , unless the plaintiff shows by clear and

90 convincing evidence that the measures were manifestly unreasonable or the period of detention
91 was unreasonably long.
92 Section 6. Section 13-10b-401 is enacted to read:
93 Part 4. Law Enforcement Actions
94 13-10b-401. Law enforcement functions exempt.
95 This part does not prohibit any lawful investigation or collection of evidence by a
96 federal, state, or local law enforcement or investigative agency by means of any audiovisual
97 recording device used in a motion picture theater as part of investigative, protective, or law
98 enforcement functions.




Legislative Review Note
as of 1-12-07 3:49 PM

Office of Legislative Research and General Counsel