18.2-187.2 - Audiovisual recording of motion pictures unlawful; penalty. - Virginia Statutes

§ 18.2-187.2. Audiovisual recording of motion pictures unlawful; penalty.

A. It shall be unlawful for any person to operate an audiovisual recordingfunction of a device in a commercial theater, excluding the lobby and othercommon areas, to record a motion picture or any portion thereof without theconsent of the owner or lessee of the theater. Any person who violates theprovisions of this section is guilty of a Class 1 misdemeanor.

B. The owner or lessee of a commercial theater where a motion picture isbeing exhibited, or his authorized agent or employee, who has probable causeto believe that a person has made a recording in violation of subsection A onthe premises of the owner or lessee, may detain such person for a period notto exceed one hour pending arrival of a law-enforcement officer. Such owner,lessee, agent or employee shall not be held civilly liable for unlawfuldetention if such detention does not exceed one hour, slander, maliciousprosecution, false imprisonment, false arrest, or assault and battery of theperson so arrested or detained, whether such arrest or detention takes placeon the premises of the owner or lessee or after close pursuit from suchpremises, provided that, in causing the arrest or detention of such person,the owner, lessee, agent or employee had at the time of such arrest ordetention probable cause to believe the person was making or had made anillegal recording in violation of subsection A.

C. This section shall not apply to any lawfully authorized investigative,law-enforcement, protective, or intelligence gathering activity by an agentor employee of the Commonwealth or the federal government.

D. The term "audiovisual recording function" means that component of ananalog or digital photographic or video camera or other device developed withthe capability to record or transmit a motion picture or any part thereof.

(2004, c. 759.)