CRIMINAL USE OF REAL PROPERTY.

609.896 CRIMINAL USE OF REAL PROPERTY. § Subdivision 1.Definitions. (a) For the purposes of this section, the following terms have the meanings given them. (b) "Audiovisual recording function" means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed. (c) "Convicted" includes a conviction for a similar offense under the law of another state or the federal government. (d) "Motion picture theater" means a movie theater, screening room, or other venue when used primarily for the exhibition of a motion picture. § Subd. 2.Crime. (a) Any person in a motion picture theater while a motion picture is being exhibited who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of the motion picture theater is guilty of criminal use of real property. (b) If a person is convicted of a first offense, it is a misdemeanor. (c) If a person is convicted of a second offense, it is a gross misdemeanor. (d) If a person is convicted of a third or subsequent offense, it is a felony and the person may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $4,000, or both. § Subd. 3.Detaining suspects. An owner or lessee of a motion picture theater is a merchant for purposes of section 629.366. § Subd. 4.Exception. This section does not prevent any lawfully authorized investigative, law enforcement protective, or intelligence-gathering employee or agent of the state or federal government from operating any audiovisual recording device in a motion picture theater where a motion picture is being exhibited, as part of lawfully authorized investigative, law enforcement protective, or intelligence gathering activities. § Subd. 5.Not preclude alternative prosecution. Nothing in this section prevents prosecution under any other provision of law. History: 2005 c 136 art 17 s 51