HOUSE BILL 802
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Jim R. Trujillo
AN ACT
RELATING TO CRIME; PROHIBITING CERTAIN RECORDING OR TRANSMISSION OF A MOTION PICTURE; ESTABLISHING A PENALTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. UNLAWFUL OPERATION OF A RECORDING DEVICE.--
A. Unlawful operation of a recording device consists of a person knowingly operating an audiovisual recording device to record a motion picture in a motion picture theater while a motion picture is being exhibited without the consent of the motion picture theater owner or manager. A person who commits unlawful operation of a recording device is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
B. The owner, manager or lessee of a motion picture theater, or his agent or employee who alerts law enforcement authorities that an alleged violation of Subsection A of this section is taking place is not liable in any civil action arising from the detention of the person alleged to be operating or to have operated the recording device when the owner, manager or lessee or his agent or employee is acting in good faith, unless the plaintiff can show by clear and convincing evidence that the detention measures were unreasonable or the period of detention was unreasonably long.
C. This section does not prevent any law enforcement personnel from operating any audiovisual recording device in a motion picture theater as part of a lawfully authorized investigation.
D. Nothing in this section prevents prosecution under any other statutes.
E. As used in this section:
(1) "audiovisual recording device" means a device capable of recording or transmitting a motion picture or any part of a motion picture by means of any technology; and
(2) "motion picture theater" means a movie theater, screening room or other venue used primarily for the exhibition of motion pictures.
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