Oklahoma § 21-1741 - Title of act - Definitions - Violations - Penalties Liability - Exclusions - Other laws

§ 21-1741. Title of act - Definitions - Violations - Penalties Liability - Exclusions - Other laws

A. This act shall be known as and may be cited as the “Unlawful

Use of a Recording Device Act”.

B. As used in the Unlawful Use of a Recording Device Act:

1. “Audiovisual recording function” means the capability of a

device to record or transmit a motion picture or any part thereof by

means of any technology now known or later developed; and

2. “Facility” does not include a personal residence.

C. Any person, where a motion picture is being exhibited, who

knowingly operates an audiovisual recording function of a device

without the consent of the owner or lessee of the facility and of

the licensor of the motion picture being exhibited shall be guilty

of unlawful use of a recording device and shall be punished by

Oklahoma Statutes - Title 21. Crimes and Punishments

imprisonment in the county jail for a term not to exceed one (1)

year, by a fine not more than Ten Thousand Dollars ($10,000.00), or

by both such fine and imprisonment.

D. The owner or lessee of a facility where a motion picture is

being exhibited, or the authorized agent or employee of said owner

or lessee, or the licensor of the motion picture being exhibited or

the licensor’s agent or employee, who alerts law enforcement

authorities of an alleged violation of this section shall not be

liable in any civil action arising out of measures taken in good

faith by said owner, lessee, licensor, agent or employee to detain,

identify, or collect evidence from a person believed to have

violated this section while awaiting the arrival of law enforcement

authorities, unless the plaintiff can show by clear and convincing

evidence that the measures were manifestly unreasonable or the

period of detention was unreasonably long.

E. This act shall not prevent any lawfully authorized

investigative, law enforcement protective, 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 lawfully authorized

investigative, protective, law enforcement, or intelligence

gathering activities.

F. This act shall not apply to a person who operates an

audiovisual recording function of a device in a retail establishment

solely to demonstrate the use of that device for sales purposes.

G. Nothing in this section shall be construed to prevent

prosecution for any act of recording or transmitting under any other

provision of law providing for greater penalty.

Added by Laws 2004, c. 122, § 1, eff. July 1, 2004.