Revision: Jan. 21, 2010, midnight
CHAPTER 70
SB 106-FN – FINAL VERSION
03/17/05 0550s
2005 SESSION
09/04
SENATE BILL 106-FN
This bill makes unauthorized recording in a motion picture theater a crime.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/17/05 0550s
05-0944
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT making unauthorized recording in a motion picture theater a crime.
Be it Enacted by the Senate and House of Representatives in General Court convened:
70:1 Use of Force by Merchants. Amend RSA 627:8-a to read as follows:
627:8-a Use of Force by Merchants.
I. A merchant, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of willful concealment or shoplifting, as defined by RSA 644:17, on his or her premises as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
II. A motion picture theater owner, or his or her agent, is justified in detaining any person who he or she has reasonable grounds to believe has committed the offense of unauthorized recording in a motion picture theater on his or her premises, as defined by RSA 644:19, as long as necessary to surrender the person to a peace officer, provided such detention is conducted in a reasonable manner.
70:2 New Section; Unauthorized Recording in a Motion Picture Theater. Amend RSA 644 by inserting after section 18 the following new section:
644:19 Unauthorized Recording in a Motion Picture Theater.
I. In this section:
(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.
(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.
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.
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.
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.
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.
VI. Nothing in this section prevents prosecution, instead of prosecution pursuant to this section, under any provision of law providing for a greater penalty.
70:3 Effective Date. This act shall take effect January 1, 2006.
(Approved: May 23, 2005)
(Effective Date: January 1, 2006)