STATE |
STATUTE CITATION |
DATE ENACTED |
PENALTY |
Alabama |
Al Chapter 2008-272 |
May 4, 2008 |
First offense is a Class A Misdemeanor: up to one year in jail and a $2,000 fine or both. Subsequent offenses are Class C Felonies: up to ten years in jail and a $5,000 fine or both. |
Arizona |
Arizona Revised Statutes: § 13-3723 |
April 7, 2004 |
Class 1 Misdemeanor.
Maximum six month imprisonment; fine of not more than $2,500 or both. |
Arkansas |
§ 5-36-122 |
April 15, 2005 |
Class A Misdemeanor: One year in jail, $1000 fine, or both. |
California |
Cal Pen Code: § 653z
Theater Owners Immunity: § 490.5 |
October 2, 2003 |
Misdemeanor offense
Imprisonment not exceeding one year and/or fine not exceeding $2,500. |
Colorado |
CRA § 18-4-516 |
May 21, 2004 |
Class 1 Misdemeanor with minimum of six months of jail and $500 fine and maximum of 18 months and $5000 fine. |
Connecticut |
Public Act 04-187 |
June 3, 2004 |
Class B misdemeanor:
Maximum six months in prison, $1,000 fine, or both. |
Delaware |
SB 321 |
June 28, 2006 |
Extraordinary misdemeanor with a maximum penalty of up to one year in jail and a fine of up to $50,000. |
District of Columbia |
D.C. Code: § 22-3214.02 |
October 31, 1995 |
Imprisonment for not more than 90 days and/or fine not more than $300 |
Florida |
Fla. Stat: § 540.12 |
June 24, 2004 |
First offense: First Degree Misdemeanor [maximum penalty of one year in jail and a $1,000 fine]
Second offense: Third Degree Felony [maximum penalty of five years in jail and a $25,000 fine] |
Georgia |
O.C.G.A.: § 16-8-62 |
May 17, 2004 |
First offense: Misdemeanor [imprisonment for up to one year in jail, $1,000 fine or both]
Second offense: Felony [imprisonment for more than one year; $100,000 fine or both] |
Hawaii |
Hawaii Revised Statutes (HRS):
Chapter 708 Definitions/ penalty
§ 663-2 Detention/ immunity |
May 18, 2005 |
Misdemeanor with 1 year in jail, $2000 fine or both. |
Idaho |
§ 18-6901 |
April 1, 2005 |
Class A Misdemeanor: One year in jail, $1000 fine or both. |
Illinois |
720 ILCS 5/21-10 |
July 24, 2004 |
Class 4 Felony with up to three years in jail and $25,000 fine |
Indiana |
Indiana Code 35-33-6-1 |
May 3, 2005 |
Class B Misdemeanor: 180 days in jail, $1000 fine or both. |
Kansas |
KSA 51-301
KSA 51-303 detention/ immunity |
April 12, 2004 |
First offense: Class A misdemeanor [imprisonment for up to one year in jail, a $2,500 fine, or both]
Second offense: Level 9 felony [up to a $100,000 fine, five to 17 months in jail, or both. |
Louisiana |
R.S. 14:223.9 |
August 15, 2005. |
Two-tiered misdemeanor/ felony and The first offense up to six months in prison and up to a $500 fine, or both. A second or subsequent offense is a felony; up to five years in prison and a fine of up to $5,000, or both. |
Maine |
17 MRSA §3521- Detention
17-A MRSA §353, sub-§1C- Theft provision
17-A MRSA, Sub-§ 5D Penalty |
May 24, 2005
Effective mid-September 2005 depending on the session’s end date |
Class D Misdemeanor: 1 year in prison, $2000 fine or both. |
Maryland |
MD Criminal Law § 7-308. Theater Owner Immunity: MD Courts and Judicial Proceedings §5-402 |
April 27, 2004 |
First Violation: Misdemeanor [imprisonment not to exceed one year or a fine not exceeding $2,500 or both]
Second Violation: Misdemeanor [imprisonment not to exceed three years or a fine not to exceed $10,000 or both] |
Massachusetts |
Chapter 266, § 143 |
November 16, 2004
Effective February 10, 2005 |
First offense: fine of up to $100,000 may be imposed, and/or maximum imprisonment not to exceed two years. Second offense: maximum fine of $250,000 and/or maximum of five years in prison. |
Michigan |
MCL 750.465a
MCL 777.16w (penalty classification)
MCL 600.2917a (Immunity) |
December 15, 2004
[Immunity statute pending on Governor’s desk] |
First offense: fine of up to $10,000 and/or maximum imprisonment of one year.
Second offense: felony punishable by up to two years in prison and/or a fine of up to $20,000
Third and subsequent offenses: felony punishable by up to four years prison, and/or fine up to $40,000. |
Minnesota |
Minnesota statute section 609.896 / Section 629.366 detention |
June 3, 2005
Takes effect August 1, 2005 |
3-tiered penalty
1-st Offense misdemeanor with a Penalty of up to $1,000 fine or 6 months in jail OR BOTH
2-nd Offense gross misdemeanor Penalty up to a fine of $3,000 and up to 1 year in jail OR BOTH
3rd or subsequent offense it is a felony UP TO A FINE OF $4,000 OR up to 2 years in prison OR BOTH |
Mississippi |
Laws, 2005, ch. 336, § 1 § 97-23-92 |
July 1, 2005 |
A person convicted of violating this section shall be punished by a fine not to exceed $1,000.00 or imprisonment in the county jail not to exceed six (6) months, or either. |
Missouri |
§ 578.500 |
July 13, 2005 |
Class A Misdemeanor with up to 1 year in jail and $1000 fine on first offense and Class D Felony with up to 4 years in jail and $5000 fine on second and subsequent offenses. |
Nevada |
Nevada Revised Statutes Chapter 205/ NRS 193.130 penalty section |
October 1, 2005 |
Two-tiered penalty. First Offense: Misdemeanor with up to six months in prison or a $1,000 fine or both. Category D Felony for second or subsequent offense: one to four years prison and a possible $5,000 fine. |
New Jersey |
NJS .2C:21-21 |
September 10, 2004 |
First offense: fine up to $25,000, and/or maximum imprisonment not to exceed 18 months.
Second offense: maximum fine of $50,000 and/or three to five years in prison.
Third and subsequent offense: fine up to $100,000 and/or between three and five years in prison. |
New Hampshire |
Chapter 70 Laws of 2005
RSA 627:8-a Detention
RSA 644:19 Penalty |
January 1, 2006 |
The first offense provides for up to one year in prison and up to a $1,200 fine, or both. A second or subsequent offense provides for up to seven years in prison and a fine of up to $4,000, or both |
New Mexico |
2006 House Bill 577 |
July 1, 2006 |
Misdemeanor with up to one year in jail and/or a $10,000 fine |
New York |
NY CLS Penal § 275.32
Theater Owner Immunity: NY CLS Gen Bus § 218 |
December, 2008 |
First offense: Misdemeanor with up to one year in prison and a $1,000 fine or both.
Second and subsequent offenses: Felony Class E with up to four years in prison or a fine up to $5,000.
|
North Carolina |
Session Law 2005-301 |
August 22, 2005, August 30, 2007 |
First offense: Felony with a $2,500 minimum fine and up to one year in jail.
Second offense: Felony with a $5,000 minimum fine and up to one year in prison.
New Misdemeanor: Single-frame shot of motion picture: up to $1,000 fine and/or 45 days in jail.
|
Ohio |
ORC § 2913.07
Theater Owner Immunity: ORC § 2935.041(D) – 2935.041(G) |
December 9, 2003 |
First offense: Misdemeanor of First Degree [prison term of not more than 180 days and/or fine of not more than $1,000]
Subsequent offense: Felony of the Fifth Degree [prison term of 6-12 months and/or a fine of not more than $2,500] |
Oklahoma |
21 Okl. St. § 1741 |
April 19, 2004 |
Up to a year in jail, a fine of not more than $10,000, or both |
Oregon |
Chapter 459 |
July 7, 2005 |
Misdemeanor with six months in prison, $2500 fine or both. |
Pennsylvania |
18 Pa.C.S. § 4116.1 |
1994 |
First offense: Misdemeanor of the first degree [imprisonment not more than five years and/or fine of not more than $10,000]
Subsequent offense: Felony of the third degree [imprisonment not more than seven years; fine of not more then $15,000] |
Puerto Rico |
Law Number 149 (new Penal Code of 2004) §s 197-A and 197-B |
July 19, 2006 |
Violation of the anti-camcording provision, 197-A, is a 3rd degree felony with potential jail time of three years and one day to eight years.
Violation of the true name and address provision, 197-B, is a 4th degree felony with potential jail time of six months and one day to three years or a $5000 fine or both. |
Rhode Island |
General Laws Title 11 Chapter 65 definitions 11-65-1/ penalty 11-65-2/ immunity 11-65-3 |
July 6, 2005 |
Misdemeanor with one year in jail/$1000 fine or both |
South Carolina |
§ 16-11-911 |
May 23, 2005 |
First offense provides for up to one year in prison and a $5,000 fine, or both. Second offense is up to two years in prison and a $10,000 fine, or both. Third and subsequent offenses provide for up to three years in prison and a $15, 000 fine, or both. |
Tennessee |
TCA 39-14-153 |
April 5, 2004 |
Class A misdemeanor
Imprisonment not to exceed 11 months 29 days; fine not to exceed $2,500, or both |
Texas |
§ 35.935 of Business & Commerce Code |
May 13, 2005 |
First Offense: Class A Misdemeanor with penalty of $4,000 fine, a year in jail or both.
Second Offense: State Jail Felony with penalty of 180 days to 2 years in jail, $10,000 fine or both.
Third Offense: Third Degree Felony with jail from 2-10 years, fine up to $10,000 or both. |
Utah |
§ 13-10b-101, Utah Code Annotated 1953 |
March 14, 2007 |
First Offense: Class A Misdemeanor-Up to one year in jail, $2,500 fine or both.
Second Offense: Third Degree Felony-up to five years in jail, $5,000 fine or both |
Virginia |
Va. Code Ann. § 18.2-187.2 |
April 5, 2004 |
Class 1 misdemeanor
Up to one year in jail, a $2,500 fine, or both |
West Virginia |
§ 61-3-58 |
April 6, 2005 |
Three Tiered Penalty based on intent (to be amended next session)
First Penalty: 1-10 years in prison and $500-1000 fine if done with intent to distribute for pecuniary gain
Second Penalty: 1- 3 years in prison and $100-500 fine if done with intent to distribute
Third Penalty: fine of $100 if done without intent to distribute and not for pecuniary gain.
|
Wisconsin |
Wis. Stat. § 943.49 |
1999 |
First offense: Class A misdemeanor [a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both]
Subsequent offense: Class D felony [a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both.] |