Arizona Laws 13-3723. Unlawful operation of a recording device with the intent to record a motion picture; classification; definitions
A. It is unlawful for a person to knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being exhibited with the intent to record the motion picture when that person knew or should have known they were doing so without the consent of the owner or lessee of the facility in which the motion picture is being exhibited.
Terms Used In Arizona Laws 13-3723
- Knowingly: means , with respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists. See Arizona Laws 13-105
- Misdemeanor: means an offense for which a sentence to a term of imprisonment other than to the custody of the state department of corrections is authorized by any law of this state. See Arizona Laws 13-105
- Person: means a human being and, as the context requires, an enterprise, a public or private corporation, an unincorporated association, a partnership, a firm, a society, a government, a governmental authority or an individual or entity capable of holding a legal or beneficial interest in property. See Arizona Laws 13-105
- Unlawful: means contrary to law or, where the context so requires, not allowed by law. See Arizona Laws 13-105
- Venue: The geographical location in which a case is tried.
B. With reasonable cause, a person may detain on the premises in a reasonable manner and for a reasonable time any person suspected of the unlawful recording of a motion picture as prescribed in subsection A for questioning or summoning a law enforcement officer. For the purposes of this subsection, "person" means:
1. The owner or lessee of a facility in which a motion picture is being exhibited or the owner’s or lessee’s authorized agent or employee.
2. The licensor of the motion picture being exhibited or the licensor’s authorized agent or employee.
C. This section does not prevent any federal or state law enforcement agency or officer that is engaged in any intelligence gathering activities or any other lawful investigation from operating any audiovisual recording device in any facility in which a motion picture is being exhibited.
D. This section does not prevent prosecution under any other provision of law that provides for a greater penalty.
E. A person who violates this section is guilty of a class 1 misdemeanor.
F. For the purposes of this section:
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. "Facility" means any theater, screening room, indoor or outdoor screening venue, auditorium, ballroom or other premises where motion pictures are publicly exhibited, regardless of whether an admission fee is charged, but does not include the lobby area of a theater or a personal residence.