N.Y. Penal Law § 275.32: Unlawful operation of a recording device in a motion picture or live theater in the third degree

§ 275.32 Unlawful operation of a recording device in a motion picture or

live theater in the third degree.

1. A person is guilty of unlawful operation of a recording device in a

motion picture or live theater in the third degree when without

authority or written permission from the operator of a motion picture

theater or live theater, the person operates a recording device in such

theater.

2. As used in this section (a) "recording device" means a photographic

or video camera, or any audiovisual recording function of any device

used for recording the sound or picture of a motion picture;

(b) "operator" means the owner or lessee of a motion picture theater

or live theater or the authorized agent or employee of such owner or

lessee;

(c) "motion picture theater" means a theater, screening room,

auditorium or other venue that is being utilized primarily for the

exhibition of a motion picture at the time of the offense; and

(d) "live theater" means a concert hall, recital hall, theater, or

auditorium in which a presentation is rendered, consisting in whole or

in part of a musical, dramatic, dance, or other stage rendition by one

or more professional performers who appear in person in the immediate

presence of their audiences, and admission to which is limited by its

operator to persons holding an admission ticket or who have other

authority or written permission to enter. Live theater shall not mean or

include a musical, dramatic, dance, or other stage rendition that is

performed by students enrolled in a school or college or as a part of a

children's camp or similar program.

Unlawful operation of a recording device in a motion picture or live

theater in the third degree is a violation.