1. I. In this section:

   1. (a) "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 now known or later developed.
   2. (b) "Motion picture theater" means a movie theater, screening room, or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense.
2. II. Any person who knowingly operates the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited and without the written consent of the motion picture theater owner, commits a crime punishable as provided in paragraph III.
3. III. Unauthorized operation of a recording device shall be a class A misdemeanor for a first offense and a class B felony for a second or subsequent offense.
4. IV. This section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence gathering employee or agent, of the local, state, or federal government or a duly authorized private investigator, from operating any audiovisual recording device in a motion picture theater, as part of lawfully authorized investigative, protective, law enforcement, or intelligence gathering activities.
5. V. This section does not apply to a person who operates the audiovisual recording function of a device in a retail establishment solely to demonstrate the use of that device for sales purposes.
6. VI. Nothing in this section prevents prosecution, instead of prosecution pursuant to this section, under any provision of law providing for a greater penalty.

Source. 2005, 70:2, eff. Jan. 1, 2006.