2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 41 - Forgery and Fraudulent Practices
4116.1 - Unlawful operation of recording device in motion picture theater.

     § 4116.1.  Unlawful operation of recording device in motion
                picture theater.
        (a)  Offense.--A person commits the offense of unauthorized
     operation of a recording device in a motion picture theater if
     the person operates a recording device in the theater without
     written authority or permission from the motion picture theater
     owner.
        (b)  Theater owner rights.--
            (1)  A peace officer, theater owner or an agent under
        contract with a theater owner who reasonably believes that an
        offense under the section has occurred or is occurring and
        who reasonably believes that a specific person has committed
        or is committing an offense under this section may detain the
        suspect in a reasonable manner for a reasonable time on or
        off the premises for any of the following purposes:
                (i)  To require the suspect to identify himself.
                (ii)  To verify such identification.
                (iii)  To determine whether the suspect has any
            recordings in violation of this section and, if so, to
            recover such recordings.
                (iv)  To inform a peace officer.
                (v)  To institute criminal proceedings against the
            suspect.
            (2)  If any person admitted to a theater in which a
        motion picture is to be or is being exhibited refuses or
        fails to give or surrender possession or to cease operation
        of any recording device that the person has brought into or
        attempts to bring into that theater, then a theater owner
        shall have the right to refuse further admission to that
        person or request that the person leave the premises.
        (c)  Liability.--A theater owner or an employee or agent of a
     theater owner who detains or causes the arrest of a person in or
     immediately adjacent to a motion picture theater shall not be
     held civilly or criminally liable in any proceeding arising out
     of such detention or arrest if:
            (1)  the person detaining or causing the arrest had, at
        the time thereof, reasonably believed that the person
        detained or arrested had committed or attempted to commit in
        that person's presence an offense described in this section;
            (2)  the manner of the detention or arrest was
        reasonable;
            (3)  law enforcement authorities were notified within a
        reasonable time; and
            (4)  the person detained or arrested was surrendered to
        law enforcement authorities within a reasonable time.
        (d)  Penalty.--A first violation of this section constitutes
     a misdemeanor of the first degree. A second or subsequent
     conviction is a felony of the third degree if at the time of
     sentencing the defendant has been convicted of another violation
     of this section.
        (e)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Motion picture theater."  A premises used for the exhibition
     or performance of motion pictures to the general public.
        "Recording device."  A photographic or video camera, audio or
     video recorder or any other device now existing or later
     developed which may be used for recording or transferring sounds
     or images.
        "Theater owner."  An owner or operator and the agent,
     employee, consignee, lessee or officer of an owner or operator
     of any motion picture theater.
     (Dec. 20, 1996, P.L.1499, No.194, eff. 60 days)

        1996 Amendment.  Act 194 added section 4116.1.