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SF 672

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to crimes; prohibiting using audiovisual
recording devices in motion picture theaters;
providing penalties; proposing coding for new law in
Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.896] CRIMINAL USE OF REAL PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this
section, the following terms have the meanings given them.
new text end

new text begin (a) "Audiovisual recording function" means the capability
of a device to record or transmit a motion picture or any part
of a motion picture by means of any technology now known or
later developed.
new text end

new text begin (b) "Convicted" includes a conviction for a similar offense
under the law of another state or the federal government.
new text end

new text begin (c) "Motion picture theater" means a movie theater,
screening room, or other venue when used primarily for the
exhibition of a motion picture.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin (a) Any person in a motion picture
theater while a motion picture is being exhibited who knowingly
operates an audiovisual recording function of a device without
the consent of the owner or lessee of the motion picture theater
is guilty of criminal use of real property.
new text end

new text begin (b) If a person is convicted of a first offense, it is a
misdemeanor.
new text end

new text begin (c) If a person is convicted of a second offense, it is a
gross misdemeanor.
new text end

new text begin (d) If a person is convicted of a third or subsequent
offense, it is a felony and the person may be sentenced to
imprisonment for not more than two years or to payment of a fine
of not more than $4,000, or both.
new text end

new text begin Subd. 3. new text end

new text begin Detaining suspects. new text end

new text begin An owner or lessee of a
motion picture theater is a merchant for purposes of section
629.366.
new text end

new text begin Subd. 4. new text end

new text begin Exception. new text end

new text begin This section does not prevent any
lawfully authorized investigative, law enforcement protective,
or intelligence gathering employee or agent of the state or
federal government from operating any audiovisual recording
device in a motion picture theater where a motion picture is
being exhibited, as part of lawfully authorized investigative,
law enforcement protective, or intelligence gathering activities.
new text end

new text begin Subd. 5.new text end

new text begin Not preclude alternative prosecution.new text end

new text begin Nothing
in this section prevents prosecution under any other provision
of law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end