(a) It is an offense for a person to knowingly operate an audiovisual recording function of a device in a facility where a motion picture is being exhibited for the purpose of recording a theatrical motion picture and without the consent of the owner or lessee of the facility.

Attorney's Note

Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 11 monthsup to $2,500
For details, see Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 39-14-110

  • Arrest: Taking physical custody of a person by lawful authority.
  • Force: means compulsion by the use of physical power or violence and shall be broadly construed to accomplish the purposes of this title. See Tennessee Code 39-11-106
  • Government: means the state or any political subdivision of the state, and includes any branch or agency of the state, a county, municipality or other political subdivision. See Tennessee Code 39-11-106
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Law enforcement officer: includes a sheriff, sheriff's deputy, and, only for purposes of the enhancement of a crime, a deputy jailer. See Tennessee Code 39-11-106
  • Minor: means any person under eighteen (18) years of age. See Tennessee Code 39-11-106
  • Obtain: includes , but is not limited to, the taking, carrying away or the sale, conveyance or transfer of title to or interest in or possession of property, and includes, but is not limited to, conduct known as larceny, larceny by trick, larceny by conversion, embezzlement, extortion or obtaining property by false pretenses. See Tennessee Code 39-11-106
  • Owner: means a person, other than the defendant, who has possession of or any interest other than a mortgage, deed of trust or security interest in property, even though that possession or interest is unlawful and without whose consent the defendant has no authority to exert control over the property. See Tennessee Code 39-11-106
  • Person: includes the singular and the plural and means and includes any individual, firm, partnership, copartnership, association, corporation, governmental subdivision or agency, or other organization or other legal entity, or any agent or servant thereof. See Tennessee Code 39-11-106
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: means anything of value, including, but not limited to, money, real estate, tangible or intangible personal property, including anything severed from land, library material, contract rights, choses-in-action, interests in or claims to wealth, credit, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power. See Tennessee Code 39-11-106
  • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) The term “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) An owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of such owner or lessee, or the licensor of the motion picture being exhibited or the licensor’s agent or employee, or a law enforcement officer who has probable cause to believe that a person has violated this section, may detain such person on or off the premises of the motion picture establishment, if such detention is done for any or all of the following purposes:

(1) To question the person, investigate the surrounding circumstances, obtain a statement, or any combination thereof;
(2) To request or verify identification, or both;
(3) To inform a law enforcement officer of the detention of such person, or surrender that person to the custody of a law enforcement officer, or both;
(4) To inform a law enforcement officer, the parent or parents, guardian or other private person charged with the welfare of a minor of the detention and to surrender the minor to the custody of such person; or
(5) To institute criminal proceedings against the person.
(d) Probable cause to suspect that a person has committed or is attempting to commit a violation of this section may be based on, but not limited to:

(1) Personal observation, including observation via closed circuit television or other visual device; or
(2) Report of a personal observation from another patron or employee.
(e) An owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor’s agent or employee, or a law enforcement officer who detains, questions, or causes the arrest of any person suspected of a violation of this section shall not be criminally or civilly liable for any legal action relating to the detention, questioning, or arrest if the owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor’s agent or employee, merchant or merchant’s employee or agent or law enforcement officer:

(1) Has probable cause to suspect that the person has committed or is attempting to commit a violation of this section;
(2) Acts in a reasonable manner under the circumstances; and
(3) Detains the suspected person for a reasonable period of time.
(f) The owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor’s agent or employee, may use a reasonable amount of force necessary to protect the owner, agent, employee or licensor, to prevent escape of the person detained, or to prevent the loss or destruction of property.
(g) A reasonable period of time, for the purposes of this section, is a period of time long enough to accomplish the purpose set forth in this section, and shall include any time spent awaiting the arrival of a law enforcement officer or the parents or guardian of a juvenile suspect, if the owner or lessee of a facility where a motion picture is being exhibited, or the authorized agent or employee of the owner or lessee, or the licensor of the motion picture being exhibited or the licensor’s agent or employee has summoned such law enforcement officer, parents, or guardian.
(h) This section does not prevent any lawfully authorized investigative, law enforcement protection, or intelligence gathering employee or agent, of the state or federal government, from operating any audiovisual recording device in any facility where a motion picture is being exhibited, as part of a lawfully authorized investigative, protective, law enforcement, or intelligence gathering activity.
(i) This section shall not apply to a person who operates the audiovisual recording function of a device in a retail establishment for the sole purpose of demonstrating the use and operation of the device for a prospective customer.
(j) For purposes of this section, “facility” shall not be construed to include a personal residence.
(k)

(1) A violation of this section is a Class A misdemeanor.
(2) Nothing in this section shall be construed as prohibiting prosecution under any other applicable provision of law.
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