S*0020(Rat #0075, Act #0064 of 2005)  General Bill, By McConnell, Ritchie, 
Short, Elliott and Ford

Similar(H 3078)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 16-11-911 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY AND WILFULLY
 OPERATE AN AUDIOVISUAL RECORDING DEVICE IN A MOTION PICTURE THEATER WITH
 INTENT TO RECORD A MOTION PICTURE WITHOUT CONSENT FROM THE THEATER OWNER; AND
 TO AMEND SECTION 16-11-920, RELATING TO PENALTIES FOR UNLAWFUL RECORDING, SO
 AS TO ESTABLISH APPROPRIATE PENALTIES. - ratified title

   12/08/04  Senate Prefiled
   12/08/04  Senate Referred to Committee on Judiciary
   01/11/05  Senate Introduced and read first time SJ-90
   01/11/05  Senate Referred to Committee on Judiciary SJ-90
   01/18/05  Senate Referred to Subcommittee: Sheheen (ch), Bryant,
                     Williams
   03/02/05  Senate Committee report: Favorable with amendment
                     Judiciary SJ-10
   03/03/05  Senate Amended SJ-38
   03/03/05         Scrivener's error corrected
   03/04/05         Scrivener's error corrected
   03/09/05  Senate Read second time SJ-38
   03/10/05  Senate Read third time and sent to House SJ-18
   03/14/05  House  Introduced and read first time HJ-4
   03/14/05  House  Referred to Committee on Judiciary HJ-4
   05/11/05  House  Committee report: Favorable Judiciary HJ-7
   05/12/05  House  Read second time HJ-9
   05/12/05  House  Unanimous consent for third reading on next
                     legislative day HJ-10
   05/13/05  House  Read third time and enrolled HJ-5
   05/18/05         Ratified R 75
   05/23/05         Signed By Governor
   05/25/05         Copies available
   05/25/05         Effective date 05/23/05
   05/27/05         Act No. 64

(A64, R75, S20)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY AND WILFULLY OPERATE AN AUDIOVISUAL RECORDING DEVICE IN A MOTION PICTURE THEATER WITH INTENT TO RECORD A MOTION PICTURE WITHOUT CONSENT FROM THE THEATER OWNER; AND TO AMEND SECTION 16-11-920, RELATING TO PENALTIES FOR UNLAWFUL RECORDING, SO AS TO ESTABLISH APPROPRIATE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Crimes and offenses, unlawful recording of motion pictures

SECTION    1.    Article 9, Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-911.    (A)    As used in this section:

(1)    'Article' means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.

(2)    'Audiovisual recording device' means any device, camera, or audio or video recorder with the capability of recording, transferring, or transmitting sounds or images of a motion picture in part or in whole, including any device now existing or later developed.

(3)    'Person' means an individual, partnership, corporation, company, association, or other legal entity.

(4)    'Motion picture theater' means a movie theater, screening room, or other venue used primarily for the exhibition of a motion picture but does not include the lobby or other common areas, a personal residence, or retail establishment.

(5)    'Theater owner' means the owner, operator, or lessee of a motion picture theater and includes an employee or agent of the owner, operator, or lessee.

(B)    It shall be unlawful for any person to knowingly and wilfully operate an audiovisual recording device in a motion picture theater, with intent to record a motion picture, without written consent from the theater owner.

(C)    In any action brought by reason of having been delayed by a theater employee or agent on or near the premises of a theater establishment for the purpose of investigation concerning the unlawful operation of an audiovisual recording device, it shall be a defense to such action if:

(1)    the person was delayed in a reasonable manner and for a reasonable time to permit such investigation; and

(2)    reasonable cause existed to believe that the person delayed had committed the crime of unlawful operation of a recording device.

(D)    This section does not prevent any lawfully authorized investigative agency, law enforcement agency, protective services agency, or intelligence-gathering agency of the local, state, or federal government from operating an audiovisual recording device in a motion picture theater where a motion picture is being exhibited as part of a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activity."

Crimes and offenses, unlawful recording of motion pictures, penalties

SECTION    2.    Section 16-11-920 of the 1976 Code is amended to read:

"Section 16-11-920.    (A)    A person who violates the provisions of Section 16-11-911 is guilty of a misdemeanor and, upon conviction:

(1)    for a first offense, must be fined not more than five thousand dollars or imprisoned not more than one year, or both;

(2)    for a second offense, must be fined not more than ten thousand dollars or imprisoned not more than two years, or both;

(3)    for a third and each subsequent offense, must be fined not more than fifteen thousand dollars or imprisoned not more than three years, or both.

(B)    A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense:

(1)    involves at least one thousand unauthorized articles embodying sound or sixty-five unauthorized audio visual articles during any one hundred eighty-day period; or

(2)    is a second or subsequent conviction under Section 16-11-910 or 16-11-915.

(C)    A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involved:

(1)    more than one hundred but less than one thousand unauthorized articles embodying sound during any one hundred eighty-day period; or

(2)    more than ten but less than sixty-five unauthorized audiovisual articles during any one hundred eighty-day period.

(D)    A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than:

(1)    twenty-five unauthorized articles embodying sound during any one hundred eighty-day period; or

(2)    ten unauthorized audiovisual articles during any one hundred eighty-day period.

(E)    A person who violates any other provision of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

(F)    If a person is convicted of a violation of Section 16-11-910, 16-11-911, or 16-11-915, the court shall order the forfeiture and destruction or other disposition of all:

(1)    infringing articles;

(2)    implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.

These penalties are not exclusive but are in addition to other penalties provided by law."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 18th day of May, 2005.

Approved the 23rd day of May, 2005.