South Carolina General Assembly
116th Session, 2005-2006

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Indicates New Matter

A64, R75, S20

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Ritchie, Short, Elliott and Ford
Document Path: l:\s-jud\bills\mcconnell\jud0001.gfm.doc
Companion/Similar bill(s): 3078

Introduced in the Senate on January 11, 2005
Introduced in the House on March 14, 2005
Last Amended on March 3, 2005
Passed by the General Assembly on May 13, 2005
Governor's Action: May 23, 2005, Signed

Summary: Unlawful to record in theater without consent

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  Senate  Prefiled
   12/8/2004  Senate  Referred to Committee on Judiciary
   1/11/2005  Senate  Introduced and read first time SJ-90
   1/11/2005  Senate  Referred to Committee on Judiciary SJ-90
   1/18/2005  Senate  Referred to Subcommittee: Sheheen (ch), Bryant, Williams
    3/2/2005  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-10
    3/3/2005  Senate  Amended SJ-38
    3/3/2005          Scrivener's error corrected
    3/4/2005          Scrivener's error corrected
    3/9/2005  Senate  Read second time SJ-38
   3/10/2005  Senate  Read third time and sent to House SJ-18
   3/14/2005  House   Introduced and read first time HJ-4
   3/14/2005  House   Referred to Committee on Judiciary HJ-4
   5/11/2005  House   Committee report: Favorable Judiciary HJ-7
   5/12/2005  House   Read second time HJ-9
   5/12/2005  House   Unanimous consent for third reading on next legislative 
                        day HJ-10
   5/13/2005  House   Read third time and enrolled HJ-5
   5/18/2005          Ratified R 75
   5/23/2005          Signed By Governor
   5/25/2005          Copies available
   5/25/2005          Effective date 05/23/05
   5/27/2005          Act No. 64

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
3/2/2005
3/3/2005
3/3/2005-A
3/4/2005
5/11/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A64, R75, S20)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO KNOWINGLY AND WILFULLY OPERATE AN AUDIOVISUAL RECORDING DEVICE IN A MOTION PICTURE THEATER WITH INTENT TO RECORD A MOTION PICTURE WITHOUT CONSENT FROM THE THEATER OWNER; AND TO AMEND SECTION 16-11-920, RELATING TO PENALTIES FOR UNLAWFUL RECORDING, SO AS TO ESTABLISH APPROPRIATE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

Crimes and offenses, unlawful recording of motion pictures

SECTION    1.    Article 9, Chapter 11, Title 16 of the 1976 Code is amended by adding:

"Section 16-11-911.    (A)    As used in this section:

(1)    'Article' means the tangible medium upon which sounds or images are recorded or otherwise stored and includes any original phonograph record, disc, tape, audio or video cassette, wire, film, or other medium now known or later developed on which sounds or images are or can be recorded or otherwise stored, or any copy or reproduction which duplicates, in whole or in part, the original.

(2)    'Audiovisual recording device' means any device, camera, or audio or video recorder with the capability of recording, transferring, or transmitting sounds or images of a motion picture in part or in whole, including any device now existing or later developed.

(3)    'Person' means an individual, partnership, corporation, company, association, or other legal entity.

(4)    'Motion picture theater' means a movie theater, screening room, or other venue used primarily for the exhibition of a motion picture but does not include the lobby or other common areas, a personal residence, or retail establishment.

(5)    'Theater owner' means the owner, operator, or lessee of a motion picture theater and includes an employee or agent of the owner, operator, or lessee.

(B)    It shall be unlawful for any person to knowingly and wilfully operate an audiovisual recording device in a motion picture theater, with intent to record a motion picture, without written consent from the theater owner.

(C)    In any action brought by reason of having been delayed by a theater employee or agent on or near the premises of a theater establishment for the purpose of investigation concerning the unlawful operation of an audiovisual recording device, it shall be a defense to such action if:

(1)    the person was delayed in a reasonable manner and for a reasonable time to permit such investigation; and

(2)    reasonable cause existed to believe that the person delayed had committed the crime of unlawful operation of a recording device.

(D)    This section does not prevent any lawfully authorized investigative agency, law enforcement agency, protective services agency, or intelligence-gathering agency of the local, state, or federal government from operating an audiovisual recording device in a motion picture theater where a motion picture is being exhibited as part of a lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activity."

Crimes and offenses, unlawful recording of motion pictures, penalties

SECTION    2.    Section 16-11-920 of the 1976 Code is amended to read:

"Section 16-11-920.    (A)    A person who violates the provisions of Section 16-11-911 is guilty of a misdemeanor and, upon conviction:

(1)    for a first offense, must be fined not more than five thousand dollars or imprisoned not more than one year, or both;

(2)    for a second offense, must be fined not more than ten thousand dollars or imprisoned not more than two years, or both;

(3)    for a third and each subsequent offense, must be fined not more than fifteen thousand dollars or imprisoned not more than three years, or both.

(B)    A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a felony and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than five years, or both, if the offense:

(1)    involves at least one thousand unauthorized articles embodying sound or sixty-five unauthorized audio visual articles during any one hundred eighty-day period; or

(2)    is a second or subsequent conviction under Section 16-11-910 or 16-11-915.

(C)    A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty thousand dollars or imprisoned not more than two years, or both, if the offense involved:

(1)    more than one hundred but less than one thousand unauthorized articles embodying sound during any one hundred eighty-day period; or

(2)    more than ten but less than sixty-five unauthorized audiovisual articles during any one hundred eighty-day period.

(D)    A person who violates the provisions of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars for a first offense and not more than ten thousand dollars for a second or subsequent offense if the offense or both offenses involve not more than:

(1)    twenty-five unauthorized articles embodying sound during any one hundred eighty-day period; or

(2)    ten unauthorized audiovisual articles during any one hundred eighty-day period.

(E)    A person who violates any other provision of Section 16-11-910 or 16-11-915 is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five thousand dollars or imprisoned not more than one year, or both.

(F)    If a person is convicted of a violation of Section 16-11-910, 16-11-911, or 16-11-915, the court shall order the forfeiture and destruction or other disposition of all:

(1)    infringing articles;

(2)    implements, devices, and equipment used or intended to be used in the manufacture of the infringing articles.

These penalties are not exclusive but are in addition to other penalties provided by law."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 18th day of May, 2005.

Approved the 23rd day of May, 2005.

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