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H. 3078
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrison and Ott
Document Path: l:\council\bills\ms\7065ahb05.doc
Companion/Similar bill(s): 20
Introduced in the House on January 11, 2005
Currently residing in the House Committee on Judiciary
Summary: Unlawful to record in theater without consent
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/8/2004 House Prefiled 12/8/2004 House Referred to Committee on Judiciary 1/11/2005 House Introduced and read first time HJ-73 1/11/2005 House Referred to Committee on Judiciary HJ-73
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911 SO AS TO DEFINE THE TERMS "AUDIOVISUAL RECORDING DEVICE", "PERSON", "MOTION PICTURE THEATER", AND "THEATER OWNER" AND TO CREATE THE OFFENSE OF UNLAWFUL OPERATION OF A RECORDING DEVICE IN A MOTION PICTURE THEATER; AND TO AMEND SECTION 16-11-920 TO PROVIDE GRADUATED PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
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, the term:
(1) 'audiovisual recording device' means a device, camera, or audio or video recorder with the capability to record, transfer, or transmit sounds or images of a motion picture in part or in whole, including a device now existing or later developed.
(2) 'person' means an individual, partnership, corporation, company, association, or other legal entity.
(3) 'motion picture theater' means a movie theater, screening room, or other venue that is used primarily for the exhibition of a motion picture. The term 'motion picture theater' does not include the lobby, other common areas, a personal residence, or a retail establishment.
(4) '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 is unlawful for a person to knowingly and willfully operate an audiovisual recording device in a motion picture theater, with intent to record a motion picture, without the consent of the motion picture theater owner.
(C) A theater owner who has reasonable cause to suspect a person of recording a motion picture may detain the person in a reasonable manner for a reasonable time to investigate his suspicion or to await the arrival of notified law enforcement. The theater owner is not liable in a civil action for unlawful detention, slander, malicious prosecution, false imprisonment, false arrest, or assault and battery if he has reasonable cause to detain the person and the detention is conducted in a reasonable manner for a reasonable time.
(D) This section does not prevent a lawfully authorized investigative, law enforcement, protective services, 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."
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; and
(3) for a third offense or 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.
(B)(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 more than:
(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 audio visual articles during any one hundred eighty-day period.
(C)(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 audio visual articles during any one hundred eighty-day period.
(D)(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.
(E)(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; and
(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."
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