HCS SS SB 1023 -- CRIMINAL USE OF AUDIOVISUAL DEVICES

SPONSOR:  Griesheimer (Threlkeld)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Crime
Prevention and Public Safety by a vote of 13 to 0.

This substitute creates the crime of criminal use of real
property, a class A misdemeanor.  The crime is committed when a
person operates a video camera within a movie theater without the
permission of the theater owner.  A second or subsequent offense
is a class D felony.  The substitute exempts the owner of the
movie theater from civil liability for detaining a person
suspected of the offense, as long as the detention is reasonable.

The substitute also makes it a class C felony to interfere with
any cable television equipment which results in the disruption or
unauthorized use of any cable television service.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Less than
$100,000 in FY 2005, FY 2006, and FY 2007.  No impact on Other
State Funds in FY 2005, FY 2006, and FY 2007.

PROPONENTS:  Supporters say that the bill is needed to prevent
the pirating of motion pictures.  People are going into movie
theaters with a video camera, recording the film, and selling DVD
copies for $5.  The bill makes this a misdemeanor and allows the
theater owner to detain the person until police arrive, like the
shoplifting laws.  The bill also clarifies that tampering with a
cable television system is a violation of the theft of cable
television statute.

Testifying for the bill were Representative Threlkeld for Senator
Griesheimer; Motion Picture Association of America; and AT&T.

OPPONENTS:  There was no opposition voiced to the committee.

Richard Smreker, Senior Legislative Analyst

Missouri House of Representatives
92nd General Assembly, 2nd Regular Session
Last Updated September 23, 2004 at 11:16 am