1. (a) In this section:

   1. (1) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed.
   2. (2) "Motion picture theater" means a movie theater, screening room, or other place primarily used to exhibit a motion picture.
2. (b) A person commits an offense if, without the consent of the owner of the theater, the person, with the intent to record a motion picture, knowingly operates the audiovisual recording function of any device in a motion picture theater while the motion picture is being exhibited.

3. (c) An offense under this section is a Class A misdemeanor, except that the offense is:

   1. (1) a state jail felony if the person has been previously convicted one time of an offense under this section; or
   2. (2) a felony of the third degree if the person has been previously convicted two or more times of an offense under this section.
4. (d) It is a defense to prosecution under this section that the audiovisual recording function of the device was operated solely for official law enforcement purposes.
5. (e) If conduct constituting an offense under this section also constitutes an offense under another law, the actor may be prosecuted under this section, the other law, or both.
6. (f) A person who reasonably believes that another has knowingly operated the audiovisual recording function of a device in a motion picture theater in violation of this section is privileged to detain that other person in a reasonable manner and for a reasonable time to allow for the arrival of law enforcement authorities.

Added by Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.01, eff. April 1, 2009.