All Agencies, Latest Month		All Agencies, Current FY		Geographic Distribution of Convictions for All Agencies, FY 20
	13,080 Prosecutions in 20		158,299 Prosecutions in Fiscal Year 20
	12,446 Convictions in 20		139,476 Convictions in Fiscal Year 20

CITE

    18 USC Sec. 2319B                                           01/05/2009

EXPCITE

    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 113 - STOLEN PROPERTY

HEAD

    Sec. 2319B. Unauthorized recording of Motion pictures in a Motion
      picture exhibition facility

STATUTE

      (a) Offense. - Any person who, without the authorization of the
    copyright owner, knowingly uses or attempts to use an audiovisual
    recording device to transmit or make a copy of a motion picture or
    other audiovisual work protected under title 17, or any part
    thereof, from a performance of such work in a motion picture
    exhibition facility, shall -
        (1) be imprisoned for not more than 3 years, fined under this
      title, or both; or
        (2) if the offense is a second or subsequent offense, be
      imprisoned for no more than 6 years, fined under this title, or
      both.
    The possession by a person of an audiovisual recording device in a
    motion picture exhibition facility may be considered as evidence in
    any proceeding to determine whether that person committed an
    offense under this subsection, but shall not, by itself, be
    sufficient to support a conviction of that person for such offense.
      (b) Forfeiture and Destruction of Property; Restitution. -
    Forfeiture, destruction, and restitution relating to this section
    shall be subject to section 2323, to the extent provided in that
    section, in addition to any other similar remedies provided by law.
      (c) Authorized Activities. - This section does not prevent any
    lawfully authorized investigative, protective, or intelligence
    activity by an officer, agent, or employee of the United States, a
    State, or a political subdivision of a State, or by a person acting
    under a contract with the United States, a State, or a political
    subdivision of a State.
      (d) Immunity for Theaters. - With reasonable cause, the owner or
    lessee of a motion picture exhibition facility where a motion
    picture or other audiovisual work is being exhibited, the
    authorized agent or employee of such owner or lessee, the licensor
    of the motion picture or other audiovisual work being exhibited, or
    the agent or employee of such licensor -
        (1) may detain, in a reasonable manner and for a reasonable
      time, any person suspected of a violation of this section with
      respect to that motion picture or audiovisual work for the
      purpose of questioning or summoning a law enforcement officer;
      and
        (2) shall not be held liable in any civil or criminal action
      arising out of a detention under paragraph (1).
      (e) Victim Impact Statement. -
        (1) In general. - During the preparation of the presentence
      report under rule 32(c) of the Federal Rules of Criminal
      Procedure, victims of an offense under this section shall be
      permitted to submit to the probation officer a victim impact
      statement that identifies the victim of the offense and the
      extent and scope of the injury and loss suffered by the victim,
      including the estimated economic impact of the offense on that
      victim.
        (2) Contents. - A victim impact statement submitted under this
      subsection shall include -
          (A) producers and sellers of legitimate works affected by
        conduct involved in the offense;
          (B) holders of intellectual property rights in the works
        described in subparagraph (A); and
          (C) the legal representatives of such producers, sellers, and
        holders.
      (f) State Law Not Preempted. - Nothing in this section may be
    construed to annul or limit any rights or remedies under the laws
    of any State.
      (g) Definitions. - In this section, the following definitions
    shall apply:
        (1) Title 17 definitions. - The terms "audiovisual work",
      "copy", "copyright owner", "motion picture", "motion picture
      exhibition facility", and "transmit" have, respectively, the
      meanings given those terms in section 101 of title 17.
        (2) Audiovisual recording device. - The term "audiovisual
      recording device" means a digital or analog photographic or video
      camera, or any other technology or device capable of enabling the
      recording or transmission of a copyrighted motion picture or
      other audiovisual work, or any part thereof, regardless of
      whether audiovisual recording is the sole or primary purpose of
      the device.

SOURCE

    (Added Pub. L. 109-9, title I, Sec. 102(a), Apr. 27, 2005, 119
    Stat. 218; amended Pub. L. 110-403, title II, Sec. 204, Oct. 13,
    2008, 122 Stat. 4261.)

REFERENCES IN TEXT

      The Federal Rules of Criminal Procedure, referred to in subsec.
    (e)(1), are set out in the Appendix to this title.

AMENDMENTS

      2008 - Subsec. (b). Pub. L. 110-403 amended subsec. (b)
    generally. Prior to amendment, text read as follows: "When a person
    is convicted of a violation of subsection (a), the court in its
    judgment of conviction shall, in addition to any penalty provided,
    order the forfeiture and destruction or other disposition of all
    unauthorized copies of motion pictures or other audiovisual works
    protected under title 17, or parts thereof, and any audiovisual
    recording devices or other equipment used in connection with the
    offense."