H.B. 279 Enrolled

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 Cosponsor:Sheryl L. Allen 7
8 LONG TITLE
9 General Description:
10 This bill modifies Title 13, Commerce and Trade, by prohibiting the recording of a
11 motion picture being displayed in a theater and providing criminal penalties.
12 Highlighted Provisions:
13 This bill:
14 . provides definitions;
15 . establishes the offense of using any camcorder or similar device to record or
16 transmit a motion picture displayed in a motion picture theater;
17 . provides that the first offense is a class A misdemeanor and any subsequent
18 violation is a third degree felony;
19 . provides for detention of the offender by the theater owner or employee while law
20 enforcement is contacted;
21 . provides protection from liability for an employer or employee who in good faith
22 detains a person; and
23 . exempts law enforcement and investigation operations acting within the motion
24 picture theater.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:

30 ENACTS:
31 13-10b-101, Utah Code Annotated 1953
32 13-10b-102, Utah Code Annotated 1953
33 13-10b-201, Utah Code Annotated 1953
34 13-10b-301, Utah Code Annotated 1953
35 13-10b-302, Utah Code Annotated 1953
36 13-10b-401, Utah Code Annotated 1953
37
38 Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 13-10b-101 is enacted to read:
40 CHAPTER 10b. UNLAWFUL RECORDING OF A MOTION PICTURE
41 Part 1. General Provisions
42 13-10b-101. Title.
43 This chapter is known as "Unlawful Recording of a Motion Picture."
44 Section 2. Section 13-10b-102 is enacted to read:
45 13-10b-102. Definitions.
46 As used in this chapter:
47 (1) "Audiovisual recording function" means the capability of a device to record or
48 transmit a motion picture or any part of the motion picture by means of any technology.
49 (2) "Motion picture theater" means a movie theater, screening room, or other venue
50 that is being utilized primarily for the exhibition of a motion picture at the time of the
51 commission of an offense under Section 13-10b-201 .
52 (3) "Owner or employee" means the owner or lessee of a motion picture theater, or the
53 authorized agent or employee of the owner or lessee.
54 Section 3. Section 13-10b-201 is enacted to read:
55 Part 2. Penalties
56 13-10b-201. Unlawful recording of a motion picture -- Penalties.
57 (1) It is unlawful for any individual to knowingly operate the audiovisual recording

58 function of any camcorder or similar device in a motion picture theater:
59 (a) while a motion picture is being exhibited; and
60 (b) without the consent of the motion picture theater owner or operator.
61 (2) (a) A violation of this section is a class A misdemeanor.
62 (b) A second or subsequent violation of this section is a third degree felony.
63 Section 4. Section 13-10b-301 is enacted to read:
64 Part 3. Detention and Immunity
65 13-10b-301. Detention of suspect by owner or employee.
66 (1) Any owner or employee who has probable cause to believe that an individual has
67 unlawfully recorded a motion picture under Section 13-10b-201 may detain the individual, on
68 or off the premises of the motion picture theater, in a reasonable manner and for a reasonable
69 length of time to:
70 (a) make reasonable inquiry as to whether the individual has in his possession a device
71 that may reasonably be used in violation of Section 13-10b-201 ;
72 (b) request identification;
73 (c) verify the identification;
74 (d) make a reasonable request of the individual to place or keep in full view any device
75 that the employer or employee has reason to believe the individual may have used in violation
76 of Section 13-10b-201 ; and
77 (e) (i) inform a peace officer of the detention of the individual and surrender that
78 individual to the custody of a peace officer; or
79 (ii) in the case of a minor, inform a peace officer, the parents, or the legal guardian of
80 this detention and to surrender custody of the minor to the responding individual.
81 (2) An employer or employee may make a detention under Subsection (1) off the
82 premises of the motion picture theater only if the detention is pursuant to the immediate pursuit
83 of the individual that the employer or employee has reason to believe has violated Section
84 13-10b-201 .
85 Section 5. Section 13-10b-302 is enacted to read:

86 13-10b-302. Immunity of owner or employee who contacts law enforcement.
87 The owner or employee of a motion picture theater who advises a law enforcement
88 agency of an alleged violation of this section is not liable in any civil action that arises out of
89 detaining an individual under Section 13-10b-301 whom the owner or employee reasonably
90 believes to have violated Section 13-10b-201 , unless the plaintiff shows by clear and
91 convincing evidence that the measures were manifestly unreasonable or the period of detention
92 was unreasonably long.
93 Section 6. Section 13-10b-401 is enacted to read:
94 Part 4. Law Enforcement Actions
95 13-10b-401. Law enforcement functions exempt.
96 This part does not prohibit any lawful investigation or collection of evidence by a
97 federal, state, or local law enforcement or investigative agency by means of any audiovisual
98 recording device used in a motion picture theater as part of investigative, protective, or law
99 enforcement functions.