A BILL TO BE ENTITLED
AN ACT to create the criminal offense of unlawful operation of an audiovisual recording device.
The General Assembly of North Carolina enacts:
SECTION 1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:
"Article 58A.
"Audiovisual Recordings.
"§ 14‑440.1.  Unlawful operation of an audiovisual recording device.
(a)	Definitions. – The following definitions apply to this section:
(1)	"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.
(2)	"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.
(b)	Offense. – It is unlawful for any person knowingly to operate the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited, without the written consent of the motion picture theater owner.
(c)	Penalty. – A violation of this section is punishable as follows:
(1)	Unless the conduct is covered under some other provision of law providing greater punishment, any person convicted of a violation of this section is guilty of:
a.	A Class 1 misdemeanor, if the violation is a first offense under this section.
b.	A Class I felony, if the violation is a second or subsequent offense under this section.
(2)	If a person is convicted of any violation of this section, the court, in its judgment of conviction, shall order the forfeiture and destruction or other disposition of the following:
a.	All infringing articles.
b.	All implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.
(d)	Immunity of The Real Property Owner. – The owner or lessee of a motion picture theater, or the authorized agent or employee of such owner or lessee, who alerts law enforcement authorities of an alleged violation of this section shall not be liable in any civil action arising out of measures taken by the owner, lessee, agent, or employee in good faith believed to have violated this section while awaiting the arrival of law enforcement authorities, unless the plaintiff can show by clear and convincing evidence that the measures were manifestly unreasonable or the period of detention was unreasonably long.
(e)	This section does not prevent any lawfully authorized investigative, protective, law enforcement, or intelligence gathering employee or agent of a 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." 
SECTION 2.  This act becomes effective December 1, 2005, and applies to offenses committed on or after that date.