(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.

Attorney's Note

Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
misdemeanorup to 1 year$2,000
For details, see Haw. Rev. Stat. § 706-663
criminal case

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Terms Used In Hawaii Revised Statutes 708-835.4

  • Venue: The geographical location in which a case is tried.
(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.

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