Unlawful operation of a recording device in a motion picture or live theater in the third degree

§ 275.32 Unlawful operation of a recording device in a motion picture or live theater in the third degree.

1. A person is guilty of unlawful operation of a recording device in a motion picture or live theater in the third degree when without authority or written permission from the operator of a motion picture theater or live theater, the person operates a recording device in such theater.

2. As used in this section (a) "recording device" means a photographic or video camera, or any audiovisual recording function of any device used for recording the sound or picture of a motion picture;

(b) "operator" means the owner or lessee of a motion picture theater or live theater or the authorized agent or employee of such owner or lessee;

(c) "motion picture theater" means a theater, screening room, auditorium or other venue that is being utilized primarily for the exhibition of a motion picture at the time of the offense; and

(d) "live theater" means a concert hall, recital hall, theater, or auditorium in which a presentation is rendered, consisting in whole or in part of a musical, dramatic, dance, or other stage rendition by one or more professional performers who appear in person in the immediate presence of their audiences, and admission to which is limited by its operator to persons holding an admission ticket or who have other authority or written permission to enter. Live theater shall not mean or include a musical, dramatic, dance, or other stage rendition that is performed by students enrolled in a school or college or as a part of a children's camp or similar program.

Unlawful operation of a recording device in a motion picture or live theater in the third degree is a violation.