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Compiled Laws, Chapter 750. Michigan Penal Code § 750.465a

Current as of January 01, 2025 | Updated by Findlaw Staff

Sec. 465a. (1) A person who knowingly operates an audiovisual recording function of a device in a theatrical facility where a motion picture is being exhibited without the consent of the owner or lessee of that theatrical facility and of the licensor of the motion picture being exhibited is guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $10,000.00, or both.

(b) If the person has 1 prior conviction for violating this subsection, the person is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $20,000.00, or both.

(c) If the person has 2 or more prior convictions for violating this subsection, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $40,000.00, or both.

(2) This section does not prevent any lawfully authorized investigative, law enforcement, protective, or intelligence-gathering employee or agent, of this state or the United States, from operating the audiovisual recording function of a device in a theatrical facility where a motion picture is being exhibited as part of an investigative, protective, law enforcement, or intelligence-gathering activity.

(3) This section does not prohibit a person from being charged with, convicted of, or punished for any other violation of law that proscribes conduct described in this section and that provides a greater penalty.

(4) As used in this section:

(a) “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part of a motion picture by technological means.

(b) “Theatrical facility” means a facility being used to exhibit a motion picture to the public, but does not include an individual's residence or a retail establishment.

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Cite this article: FindLaw.com - Compiled Laws, Chapter 750. Michigan Penal Code § 750.465a - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-750-michigan-penal-code/mi-comp-laws-750-465a/

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