Prohibits the use of audiovisual recording devices in a movie theater without prior consent of the movie theater operator.

A BILL FOR AN ACT

SECTION 1. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§708- Unauthorized operation of a recording device in a motion picture theater. (1) A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person knowingly operates the audiovisual recording function of any device in a motion picture theater while a motion picture is being exhibited, without the consent of the motion picture theater owner.

(2) The owner or lessee of a motion picture theater or the authorized agent or employee thereof shall not be held liable in any civil action arising out of the measures taken by such owner, lessee, agent, or employee while awaiting the arrival of law enforcement authorities to detain a person that the owner, lessee, agent, or employee in good faith believed to have violated this section, unless the plaintiff can show by clear and convincing evidence that the measures taken were manifestly unreasonable or the period of detention was unreasonably long.

(3) This section shall not prevent any lawfully authorized investigative, protective, law enforcement, or intelligence-gathering employee or agent of the local, state, or federal government, from operating any audiovisual recording device in a motion picture theater as part of lawfully authorized investigative, protective, law enforcement, or intelligence-gathering activities.

(4) For the purposes of this section:

"Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part thereof by means of any technology.

"Motion picture theater" means a movie theater, screening room, or other venue in use primarily for the exhibition of a motion picture at the time of the offense.

(5) Unauthorized operation of a recording device in a motion picture theater is a misdemeanor."

SECTION 2. New statutory material is underscored.