HF 1985

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crimes; prohibiting using audiovisual 
  1.3             recording devices in motion picture theaters; 
  1.4             providing penalties; proposing coding for new law in 
  1.5             Minnesota Statutes, chapter 609. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  [609.896] [CRIMINAL USE OF REAL PROPERTY.] 
  1.8      Subdivision 1.  [DEFINITION.] For the purposes of this 
  1.9   section, "audiovisual recording function" means the capability 
  1.10  of a device to record or transmit a motion picture or any part 
  1.11  of a motion picture by means of any technology now known or 
  1.12  later developed. 
  1.13     Subd. 2.  [CRIME.] Any person, where a motion picture is 
  1.14  being exhibited, who knowingly operates an audiovisual recording 
  1.15  function of a device without the consent of the owner or lessee 
  1.16  of the facility and of the licensor of the motion picture being 
  1.17  exhibited is guilty of criminal use of real property and may be 
  1.18  sentenced to not more than three years or a fine of not more 
  1.19  than $5,000, or both. 
  1.20     Subd. 3.  [IMMUNITY OF THE REAL PROPERTY OWNER.] The owner 
  1.21  or lessee of a facility where a motion picture is being 
  1.22  exhibited, or the authorized agent or employee of the owner or 
  1.23  lessee, or the licensor of the motion picture being exhibited or 
  1.24  the licensor's agent or employee, who alerts law enforcement 
  1.25  authorities of an alleged violation of this section is not 
  2.1   liable in any civil action arising out of measures taken by the 
  2.2   owner, lessee, licensor, agent, or employee in the course of 
  2.3   subsequently detaining a person that the owner, lessee, 
  2.4   licensor, agent, or employee in good faith believed to have 
  2.5   violated this section while awaiting the arrival of law 
  2.6   enforcement authorities, unless the plaintiff can show by clear 
  2.7   and convincing evidence that measures taken were manifestly 
  2.8   unreasonable or the period of detention was unreasonably long. 
  2.9      Subd. 4.  [EXCEPTION.] This section does not prevent any 
  2.10  lawfully authorized investigative, law enforcement protective, 
  2.11  or intelligence gathering employee or agent of the state or 
  2.12  federal government from operating any audiovisual recording 
  2.13  device in a facility where a motion picture is being exhibited, 
  2.14  as part of lawfully authorized investigative, law enforcement 
  2.15  protective, or intelligence gathering activities. 
  2.16     Subd. 5.  [SALES DEMONSTRATION EXCEPTION.] This section 
  2.17  does not apply to a person who operates an audiovisual recording 
  2.18  function of a device in a retail establishment solely to 
  2.19  demonstrate the use of that device for sales purposes. 
  2.20     Subd. 6.  [FACILITY.] As used in this section, "facility" 
  2.21  does not include a personal residence. 
  2.22     Subd. 7.  [NOT PRECLUDE ALTERNATIVE PROSECUTION.] Nothing 
  2.23  in this section prevents prosecution, instead, under any other 
  2.24  provision of law providing for a greater penalty. 
  2.25     Sec. 2.  [EFFECTIVE DATE.] 
  2.26     Section 1 is effective August 1, 2004, and applies to 
  2.27  crimes committed on or after that date.