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, the following terms have the meanings given them.
1.10 	(a) "Audiovisual recording function" means the capability
1.11 	of a device to record or transmit a motion picture or any part
1.12 	of a motion picture by means of any technology now known or
1.13 	later developed.
1.14 	(b) "Convicted" includes a conviction for a similar offense
1.15 	under the law of another state or the federal government.
1.16 	(c) "Motion picture theater" means a movie theater,
1.17 	screening room, or other venue when used primarily for the
1.18 	exhibition of a motion picture.
1.19 		Subd. 2.Crime. (a) Any person in a motion picture
1.20 	theater while a motion picture is being exhibited who knowingly
1.21 	operates an audiovisual recording function of a device without
1.22 	the consent of the owner or lessee of the motion picture theater
1.23 	is guilty of criminal use of real property.
1.24 	(b) If a person is convicted of a first offense, it is a
1.25 	misdemeanor.
2.1 	(c) If a person is convicted of a second offense, it is a
2.2 	gross misdemeanor.
2.3 	(d) If a person is convicted of a third or subsequent
2.4 	offense, it is a felony and the person may be sentenced to
2.5 	imprisonment for not more than two years or to payment of a fine
2.6 	of not more than $4,000, or both.
2.7 		Subd. 3.Detaining suspects. An owner or lessee of a
2.8 	motion picture theater is a merchant for purposes of section
2.9 	629.366.
2.10 		Subd. 4.Exception. This section does not prevent any
2.11 	lawfully authorized investigative, law enforcement protective,
2.12 	or intelligence gathering employee or agent of the state or
2.13 	federal government from operating any audiovisual recording
2.14 	device in a motion picture theater where a motion picture is
2.15 	being exhibited, as part of lawfully authorized investigative,
2.16 	law enforcement protective, or intelligence gathering activities.
2.17 		Subd. 5.Not preclude alternative prosecution. Nothing
2.18 	in this section prevents prosecution under any other provision
2.19 	of law.
2.20 	
EFFECTIVE DATE. This section is effective August 1, 2005,
2.21 	and applies to crimes committed on or after that date.