HB 577

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AN ACT

RELATING TO CRIMINAL LAW; CREATING A NEW CRIMINAL OFFENSE

KNOWN AS UNLAWFUL OPERATION OF AN AUDIOVISUAL RECORDING

DEVICE; PROHIBITING CERTAIN RECORDING OR TRANSMISSION OF A

MOTION PICTURE; PROVIDING A PENALTY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Criminal Code is

enacted to read:

"UNLAWFUL OPERATION OF AN AUDIOVISUAL RECORDING

DEVICE.--

A. Unlawful operation of an audiovisual recording

device consists of a person knowingly operating an audiovisual

recording device to record or transmit a motion picture in a

motion picture theater without the consent of the motion

picture theater owner or manager while a motion picture is

being exhibited.

B. A person who commits unlawful operation of an

audiovisual recording device is guilty of a misdemeanor and

shall be sentenced pursuant to the provisions of Section

31-19-1 NMSA 1978.

C. The owner, manager or lessee of a motion

picture theater or an agent or employee of the owner, manager

or lessee 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 audiovisual recording device when the owner,

manager or lessee or an agent or employee of the owner,

manager or lessee is acting in good faith, unless the

plaintiff can show by a preponderance of the evidence that the

detention measures were unreasonable or the period of

detention was unreasonably long.

D. This section does not prevent law enforcement

personnel from operating an audiovisual recording device in a

motion picture theater as part of a lawfully authorized

investigation.

E. Nothing in this section prevents prosecution

under any other statutes.

F. 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."

Section 2. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 2006. HB 577

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