2011 Indiana Code
TITLE 35. CRIMINAL LAW AND PROCEDURE
ARTICLE 46. MISCELLANEOUS OFFENSES
CHAPTER 8. UNLAWFUL RECORDING
Chapter 8. Unlawful Recording
IC 35-46-8-0.1
Application of chapter
Sec. 0.1. The addition of this chapter by P.L.94-2005 applies only to crimes committed after June 30, 2005.
As added by P.L.220-2011, SEC.617.
IC 35-46-8-1
Application
Sec. 1. This chapter does not apply to a law enforcement officer acting within the scope of the officer's employment.
As added by P.L.94-2005, SEC.6.
IC 35-46-8-2
"Audiovisual recording device"
Sec. 2. As used in this chapter, "audiovisual recording device" means:
(1) a digital or an analog photographic or video camera; or
(2) any other technology capable of enabling the recording or transmission of a motion picture or other audiovisual work;
regardless of whether audiovisual recording is the sole or primary purpose of the device.
As added by P.L.94-2005, SEC.6.
IC 35-46-8-3
"Motion picture exhibition facility"
Sec. 3. (a) As used in this chapter, "motion picture exhibition facility" means:
(1) an indoor or outdoor screening venue; or
(2) any other premises;
where motion pictures or other audiovisual works are shown to the public for a charge, regardless of whether an admission fee is charged.
(b) The term does not include a dwelling.
As added by P.L.94-2005, SEC.6.
IC 35-46-8-4
Unlawful recording; defense
Sec. 4. (a) A person who knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with the intent to transmit or record a motion picture commits unlawful recording, a Class B misdemeanor.
(b) It is a defense to a prosecution under this section that the accused person had the written permission of the motion picture exhibition facility owner to transmit or record the motion picture.
As added by P.L.94-2005, SEC.6.
IC 35-46-8-5 Additional penalties
Sec. 5. In addition to a criminal penalty imposed for an offense under this chapter, a court may order the forfeiture, destruction, or other disposition of:
(1) all unauthorized copies of motion pictures or other audiovisual works; and
(2) any audiovisual recording devices or other equipment used in connection with the offense.
As added by P.L.94-2005, SEC.6.