First Regular Session 114th General Assembly (2005)
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between statutes enacted by the 2004 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 557
AN ACT to amend the Indiana Code concerning criminal law and procedure.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 35-33-6-1; (05)SE0557.1.1. -->
SECTION 1. IC 35-33-6-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 1. As used in this
"Adult employee" means an employee who is eighteen (18) years
old or older.
"Agent" means an operator, a manager, an adult employee, or a
security agent employed by a store.
"Motion picture exhibition facility" has the meaning set forth
in IC 35-46-8-3.
"Security agent" means a person who has been employed by a
store to prevent the loss of property due to theft.
"Store" means a place of business where property or service with
respect to property is displayed, rented, sold, or offered for sale.
SOURCE: IC 35-33-6-2.5; (05)SE0557.1.2. -->
SECTION 2. IC 35-33-6-2.5 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 2.5. (a) An owner or agent of a motion picture
exhibition facility who has probable cause to believe that an
unlawful recording under IC 35-46-8 has occurred or is occurring
in the motion picture exhibition facility and who has probable
cause to believe that a specific person has committed or is
committing the unlawful recording may:
(1) detain the person and request the person to provide
(2) verify the identification;
(3) determine whether the person possesses at the time of
detention an audiovisual recording device (as defined in
(4) confiscate any unauthorized copies of a motion picture or
another audiovisual work; and
(5) inform the appropriate law enforcement officer or agency
that the person is being detained.
(b) Detention under subsection (a):
(A) be reasonable; and
(B) last only for a reasonable time; and
(2) may not extend beyond the arrival of a law enforcement
officer or two (2) hours, whichever occurs first.
SOURCE: IC 35-33-6-3; (05)SE0557.1.3. -->
SECTION 3. IC 35-33-6-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 3. An owner or agent
of a store or motion picture exhibition facility who informs a law
enforcement officer of the circumstantial basis for detention and any
additional relevant facts shall be presumed to be placing information
before the law enforcement officer. The placing of this information
does not constitute a charge of crime.
SOURCE: IC 35-33-6-4; (05)SE0557.1.4. -->
SECTION 4. IC 35-33-6-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 4. A civil or criminal
(1) an owner or agent of a store or motion picture exhibition
(2) a law enforcement officer;
may not be based on a detention
which that was lawful under section
2 or 2.5 of this chapter. However, the defendant has the burden of
proof that he the defendant acted with probable cause under section
2 or 2.5 of this chapter.
SOURCE: IC 35-33-6-6; (05)SE0557.1.5. -->
SECTION 5. IC 35-33-6-6 IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2005]: Sec. 6. An owner or agent of a motion picture exhibition
facility may act in the manner allowed by section 2.5 of this
chapter on information received from an employee of the motion
picture exhibition facility if the employee has probable cause to
(1) an unlawful recording under IC 35-46-8 has occurred or
is occurring in the motion picture exhibition facility; and
(2) a specific person has committed or is committing the
SOURCE: IC 35-46-8; (05)SE0557.1.6. -->
SECTION 6. IC 35-46-8 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
Chapter 8. Unlawful Recording
Sec. 1. This chapter does not apply to a law enforcement officer
acting within the scope of the officer's employment.
Sec. 2. As used in this chapter, "audiovisual recording device"
(1) a digital or an analog photographic or video camera; or
(2) any other technology capable of enabling the recording or
transmission of a motion picture or other audiovisual work;
regardless of whether audiovisual recording is the sole or primary
purpose of the device.
Sec. 3. (a) As used in this chapter, "motion picture exhibition
(1) an indoor or outdoor screening venue; or
(2) any other premises;
where motion pictures or other audiovisual works are shown to the
public for a charge, regardless of whether an admission fee is
(b) The term does not include a dwelling.
Sec. 4. (a) A person who knowingly or intentionally uses an
audiovisual recording device in a motion picture exhibition facility
with the intent to transmit or record a motion picture commits
unlawful recording, a Class B misdemeanor.
(b) It is a defense to a prosecution under this section that the
accused person had the written permission of the motion picture
exhibition facility owner to transmit or record the motion picture.
Sec. 5. In addition to a criminal penalty imposed for an offense
under this chapter, a court may order the forfeiture, destruction,
or other disposition of:
(1) all unauthorized copies of motion pictures or other
audiovisual works; and
(2) any audiovisual recording devices or other equipment used
in connection with the offense.
SOURCE: ; (05)SE0557.1.7. -->
SECTION 7. [EFFECTIVE JULY 1, 2005] IC 35-46-8, as added
by this act, applies only to crimes committed after June 30, 2005.
SEA 557 _ Concur
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