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State Camcord Statutes

STATE STATUTES PROHIBITING THE OPERATION OF A RECORDING DEVICE IN A MOVIE THEATER

Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
New York City
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming

STATE

STATUTE CITATION

DATE ENACTED

PENALTY

Alabama 13A-8-90 May 4, 2008

First offense is a Class A Misdemeanor: up to one year in jail and a $2,000 fine or both. Subsequent offenses are Class C Felonies: up to ten years in jail and a $5,000 fine or both.

Arizona Arizona Revised Statutes: § 13-3723 April 7, 2004

Class 1 Misdemeanor.
Maximum six month imprisonment; fine of not more than $2,500 or both.

Arkansas § 5-36-122

April 15, 2005

Class A Misdemeanor: One year in jail, $1000 fine, or both.

California Cal Pen Code: § 653z
Theater Owners Immunity: § 490.5
October 2, 2003

Misdemeanor offense
Imprisonment not exceeding one year and/or fine not exceeding $2,500.

Colorado CRA § 18-4-516 May 21, 2004

Class 1 Misdemeanor with minimum of six months of jail and $500 fine and maximum of 18 months and $5000 fine.

Connecticut Public Act 04-187 June 3, 2004

Class B misdemeanor:
Maximum six months in prison, $1,000 fine, or both.

Delaware SB 321 June 28, 2006

Extraordinary misdemeanor with a maximum penalty of up to one year in jail and a fine of up to $50,000.

District of Columbia D.C. Code: § 22-3214.02 October 31, 1995

Imprisonment for not more than 90 days and/or fine not more than $300.

Florida Fla. Stat: § 540.12 June 24, 2004

First offense: First Degree Misdemeanor [maximum penalty of one year in jail and a $1,000 fine].
Second offense: Third Degree Felony [maximum penalty of five years in jail and a $25,000 fine].

Georgia O.C.G.A.: § 16-8-62 May 17, 2004

First offense: Misdemeanor [imprisonment for up to one year in jail, $1,000 fine or both].
Second offense: Felony [imprisonment for more than one year; $100,000 fine or both].

Hawaii Hawaii Revised Statutes (HRS):
Chapter 708 Definitions/ penalty.
§ 663-2 Detention/ immunity.
May 18, 2005

Misdemeanor with 1 year in jail, $2000 fine or both.

Idaho § 18-6901 April 1, 2005

Class A Misdemeanor: One year in jail, $1000 fine or both.

Illinois 720 ILCS 5/21-10 July 24, 2004

Class 4 Felony with up to three years in jail and $25,000 fine.

Indiana Indiana Code 35-33-6-1 May 3, 2005

Class B Misdemeanor: 180 days in jail, $1000 fine or both.

Kansas KSA 51-301
KSA 51-303 detention/ immunity
April 12, 2004

First offense: Class A misdemeanor [imprisonment for up to one year in jail, a $2,500 fine, or both].
Second offense: Level 9 felony [up to a $100,000 fine, five to 17 months in jail, or both.

Louisiana R.S. 14:223.9 August 15, 2005.

Two-tiered misdemeanor/ felony and The first offense up to six months in prison and up to a $500 fine, or both. A second or subsequent offense is a felony; up to five years in prison and a fine of up to $5,000, or both.

Maine 17 MRSA §3521- Detention
17-A MRSA §353, sub-§1C- Theft provision
17-A MRSA, Sub-§ 5D Penalty
May 24, 2005
Effective mid-September 2005 depending on the session's end date.

Class D Misdemeanor: 1 year in prison, $2000 fine or both.

Maryland MD Criminal Law § 7-308. Theater Owner Immunity: MD Courts and Judicial Proceedings §5-402 April 27, 2004

First Violation: Misdemeanor [imprisonment not to exceed one year or a fine not exceeding $2,500 or both].
Second Violation: Misdemeanor [imprisonment not to exceed three years or a fine not to exceed $10,000 or both].

Massachusetts Chapter 266, § 143 November 16, 2004
Effective February 10, 2005

First offense: fine of up to $100,000 may be imposed, and/or maximum imprisonment not to exceed two years. Second offense: maximum fine of $250,000 and/or maximum of five years in prison.

Michigan MCL 750.465a
MCL 777.16w (penalty classification)
MCL 600.2917a (Immunity)
December 15, 2004
[Immunity statute pending on Governor's desk]

First offense: fine of up to $10,000 and/or maximum imprisonment of one year.
Second offense: felony punishable by up to two years in prison and/or a fine of up to $20,000.
Third and subsequent offenses: felony punishable by up to four years prison, and/or fine up to $40,000.

Minnesota Minnesota statute section 609.896 / Section 629.366 detention June 3, 2005
Takes effect August 1, 2005

3-tiered penalty
1-st Offense misdemeanor with a Penalty of up to $1,000 fine or 6 months in jail OR BOTH.
2-nd Offense gross misdemeanor Penalty up to a fine of $3,000 and up to 1 year in jail OR BOTH.
3rd or subsequent offense it is a felony UP TO A FINE OF $4,000 OR up to 2 years in prison OR BOTH.

Mississippi Laws, 2005, ch. 336, § 1 § 97-23-92 July 1, 2005

A person convicted of violating this section shall be punished by a fine not to exceed $1,000.00 or imprisonment in the county jail not to exceed six (6) months, or either.

Missouri § 578.500 July 13, 2005

Class A Misdemeanor with up to 1 year in jail and $1000 fine on first offense and Class D Felony with up to 4 years in jail and $5000 fine on second and subsequent offenses.

Nevada Nevada Revised Statutes Chapter 205/ NRS 193.130 penalty section October 1, 2005

Two-tiered penalty. First Offense: Misdemeanor with up to six months in prison or a $1,000 fine or both. Category D Felony for second or subsequent offense: one to four years prison and a possible $5,000 fine.

New Jersey NJS .2C:21-21 September 10, 2004

First offense: fine up to $25,000, and/or maximum imprisonment not to exceed 18 months.
Second offense: maximum fine of $50,000 and/or three to five years in prison.
Third and subsequent offense: fine up to $100,000 and/or between three and five years in prison.

New Hampshire Chapter 70 Laws of 2005
RSA 627:8-a Detention
RSA 644:19 Penalty
January 1, 2006

The first offense provides for up to one year in prison and up to a $1,200 fine, or both. A second or subsequent offense provides for up to seven years in prison and a fine of up to $4,000, or both.

New Mexico 2006 House Bill 577 July 1, 2006

Misdemeanor with up to one year in jail and/or a $10,000 fine.

New York NY CLS Penal § 275.32
Theater Owner Immunity: NY CLS Gen Bus § 218
December, 2008

First offense: Misdemeanor with up to one year in prison and a $1,000 fine or both. Second and subsequent offenses: Felony Class E with up to four years in prison or a fine up to $5,000.

North Carolina 14-440.1 August 22, 2005, August 30, 2007

a. A Class I felony, if the violation is a first offense under this section, with a minimum fine of two thousand five hundred dollars ($2,500) and up to one year in jail.
b. A Class I felony, if the violation is a second or subsequent offense under this section, with a minimum fine of five thousand dollars ($5,000) up to one year in prison. New Misdemeanor: Single-frame shot of motion picture: up to $1,000 fine and/or 45 days in jail.

Ohio ORC § 2913.07
Theater Owner Immunity: ORC § 2935.041(D) - 2935.041(G)
December 9, 2003

First offense: Misdemeanor of First Degree [prison term of not more than 180 days and/or fine of not more than $1,000].
Subsequent offense: Felony of the Fifth Degree [prison term of 6-12 months and/or a fine of not more than $2,500].

Oklahoma 21 Okl. St. § 1741 April 19, 2004

Up to a year in jail, a fine of not more than $10,000, or both.

Oregon 164.882 July 7, 2005

Misdemeanor with six months in prison, $2500 fine or both.

Pennsylvania 18 Pa.C.S. § 4116.1 1994

First offense: Misdemeanor of the first degree [imprisonment not more than five years and/or fine of not more than $10,000].
Subsequent offense: Felony of the third degree [imprisonment not more than seven years; fine of not more than $15,000].

Puerto Rico Law Number 149 (new Penal Code of 2004) §s 197-A and 197-B July 19, 2006

Violation of the anti-camcording provision, 197-A, is a 3rd degree felony with potential jail time of three years and one day to eight years.
Violation of the true name and address provision, 197-B, is a 4th degree felony with potential jail time of six months and one day to three years or a $5000 fine or both.

Rhode Island General Laws Title 11 Chapter 65 definitions 11-65-1/ penalty 11-65-2/ immunity 11-65-3 July 6, 2005

Misdemeanor with one year in jail/$1000 fine or both.

South Carolina § 16-11-911 May 23, 2005

First offense provides for up to one year in prison and a $5,000 fine, or both. Second offense is up to two years in prison and a $10,000 fine, or both. Third and subsequent offenses provide for up to three years in prison and a $15,000 fine, or both.

Tennessee TCA 39-14-110 April 5, 2004

Class A misdemeanor
Imprisonment not to exceed 11 months 29 days; fine not to exceed $2,500, or both.

Texas § 35.935 of Business & Commerce Code May 13, 2005

First Offense: Class A Misdemeanor with penalty of $4,000 fine, a year in jail or both.
Second Offense: State Jail Felony with penalty of 180 days to 2 years in jail, $10,000 fine or both.
Third Offense: Third Degree Felony with jail from 2-10 years, fine up to $10,000 or both.

Utah § 13-10b-101, Utah Code Annotated 1953 March 14, 2007

First Offense: Class A Misdemeanor-Up to one year in jail, $2,500 fine or both.
Second Offense: Third Degree Felony-up to five years in jail, $5,000 fine or both.

Virginia Va. Code Ann. § 18.2-187.2 April 5, 2004

Class 1 misdemeanor
Up to one year in jail, a $2,500 fine, or both.

Washington RCW 19.235.010 2004

Gross misdemeanor, punishable by up to one year in jail and/or a $5,000 fine.

West Virginia § 61-3-58 April 6, 2005

Three Tiered Penalty based on intent (to be amended next session)
First Penalty: 1-10 years in prison and $500-1000 fine if done with intent to distribute for pecuniary gain.
Second Penalty: 1- 3 years in prison and $100-500 fine if done with intent to distribute.
Third Penalty: fine of $100 if done without intent to distribute and not for pecuniary gain.

Wisconsin Wis. Stat. § 943.49 1999

First offense: Class A misdemeanor [a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both].
Subsequent offense: Class D felony [a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both].

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