51-301. Unlawful use of a recording device. - Kansas Statutes

51-301

Chapter 51.--MOTION PICTURES Article 3.--UNLAWFUL RECORDING

      51-301.   Unlawful use of a recording device.(a) Unlawful use of a recording device is knowinglyoperating, in a motion picture theater, while a motion picture is beingexhibited, an audiovisual recordingfunction of adevice without the consent of the owner or lessee of such theater.

      (b)   Unlawful use of a recording device is a class A nonperson misdemeanor onconviction of the first offense. Unlawful use of a recording device is aseverity level 9,nonperson felony on conviction of a second or subsequent conviction.

      (c)   This section shall not apply toa person operating an audiovisual recording device as part of suchperson'slawfully authorized investigative, law enforcement, protective or intelligencegatheringduties as a lawfully authorized investigative, law enforcement, protective orintelligencegathering employee or agent of the state or federal government.

      (d)   As used in this section:

      (1)   "Audiovisual recording function" means the capability of a device torecord ortransmit a motion picture or any part thereof by means of any technology nowknown orlater developed.

      (2)   "Motion picture theater" means a movie theater, screening room or othervenue when used primarily for the exhibition of a motion picture.

      History:   L. 2004, ch. 64, § 1; July 1.