Audiovisual recording of motion pictures

Nevada Defense Attorney Explains Crime of Recording Movies

Nevada protects property owners from theft and loss by criminalizing certain types of behaviors as crimes against property. Chapter 205 of Title 15 sets forth property offenses and defines the different conduct that has been made illegal in the state.

One of the types of illegal conduct relates to the unlawful operation of audiovisual recorders in motion picture theaters. If you have been accused of recording in a movie theater, you could face serious charges and you need to determine your best course of action for responding to accusations. LV Criminal Defense can help. Our Vegas defense law firm will work closely with you to decide how to respond to charges, to fight accusations, or to negotiate a plea agreement so you can get the most favorable outcomes possible.

To find out more about how our firm can fight for your rights when you’ve been charged with any type of property crime, give us a call today.

Nevada Revised Statute Section 205.216: Unlawful Operation of a Recorder in a Theater

Nevada law prohibits the unlawful operation of audiovisual recorders in movie theaters in Nevada Revised Statute section 205.216. According to the relevant law, it is unlawful to knowingly operate an audiovisual recording function of any device in a motion picture theater with the intent to record the motion picture being exhibited in that theater unless you have the consent of the owner or unless you have the consent of the lessee of the theater.

According to N.R.S. 205.216, the penalty of unlawfully operating an audiovisual recorder to record a movie in a theater is a misdemeanor crime for a first offense, unless otherwise specified by statute. If a defendant commits a subsequent offense, the defendant can be charged with a category D felony offense.

The statute that prohibits the use of an audiovisual recording in a movie theater gives certain rights to movie theater owners and leasers, as well as to their employees or authorized agents. According to the relevant law, a movie theater owner, lessee, operator, or employee who has reason to believe that an individual has operated an audiovisual recorder and made a recording of a movie in violation of N.R.S. 205.216 can take the individual who allegedly recorded the movie into custody.

The movie theater owner, operator, or employee can detain the individual who allegedly made an audiovisual recording of the movie for a reasonable length of time as necessary to inform a peace officer of the circumstances. The owner, operator, or employee is presumed to have a reason to believe that an individual has unlawfully recorded a movie if the employee, owner, or operator saw the individual aiming a recording device at a screen or other surface that a motion picture was being exhibited on.

As long as the conduct of the owner was reasonable, the owner, operator, or employee should not be subject to criminal or civil liability for unlawful detention, slander, false arrest, or false imprisonment. However, in order for the owner, operator, or employee to benefit from this protection from liability, there must be a notification displayed in a conspicuous place within the movie theater indicating that recording the movie is a crime and that the movie theater has the right to detain the person who is suspected of making an unlawful premises. The statute contains suggested wording for the notification, but any notification that conveys a substantially similar meaning should suffice to protect the owner, operator, or employee from criminal or civil liability.