Ala. Pattern Jury Instr. (Criminal) 13A-8-90(D)

Unlawful Operation of Recording Device in Motion Picture Theater

The defendant is charged with unlawful operation of a recording device

in a motion picture theater.

A person commits the crime of unlawful operation of a recording device

in a motion picture theater if he/she knowingly operates the audiovisual

recording function of any device in a motion picture theater for the purpose of

recording a motion picture with the intent to violate the property rights of the

owner of the motion picture.

To convict, the State must prove beyond a reasonable doubt each of

the following elements:

(1) The Defendant knowingly operated the audiovisual recording

function of a device in a motion picture theater, [insert the name];

(2) The Defendant did so for the purpose of recording a motion picture

with the intent to violate the property rights of the owner of the

motion picture; (AND)

(3) The Defendant did so with intent to commercially distribute

the recording.

Audiovisual Recording Function is the capability of a device to record

or transmit a motion picture or any part thereof. [13A-8-90(a)(2)]

A Motion PictureTheater is a movie theater, screening room, or other

venue that is being utilized primarily for the exhibition of a motion picture at

the time of the offense. [13A-8-90(a)(3)]

To Commercially Distribute is to sell, lease, rent, or distribute for

pecuniary gain. [13A-8-90(a)(4)]

To record or transmit one or more audiovisual images from the on-screen exhibition of a motion picture, or to transmit the audio sounds

accompanying the motion picture, is presumptive proof of intent to violate the

property rights of the owner of the motion picture. [13A-8-90(b)]

Audiovisual Image is a series of related images which are intended

to impart an impression of motion when shown in succession by means of

a machine or device. [13A-8-90(a)(1)]

A lawfully authorized investigative, law enforcement, protective, or

intelligence gathering employee or agent of local, state, or federal government

may operate an audiovisual recording device in a motion picture theater as

part of a lawfully authorized investigative, protective, law enforcement, or

intelligence gathering activities. [13A-8-90(f)]

If you find from the evidence that the State has proved beyond a

reasonable doubt each of the elements of unlawful operation of a

recording device in a motion picture theater, then you shall find the

defendant guilty of unlawful operation of a recording device in a motion

picture theater.

If you find from the evidence that the State has failed to prove beyond a

reasonable doubt any one or more of the elements of unlawful operation of a

recording device in a motion picture theater, then you shall find the defendant

not guilty of unlawful operation of a recording device in a motion picture theater.

[Approved October 18, 2019].