(1) A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited, without the consent of the motion picture theater owner.
(2) This section shall not prevent any lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government, from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities.
(3) Unauthorized operation of a recording device in a motion picture theater is a misdemeanor.
(4) For the purposes of this section:
"Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology.
"Motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture at the time of the offense. [L 2005, c 59, §1]