---
kind: "section"
citation: "18 U.S.C. § 2319B"
title: "18"
title_heading: "Crimes and Criminal Procedure"
number: "2319B"
heading: "Unauthorized recording of Motion pictures in a Motion picture exhibition facility"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/18/2319B"
units:
  - "Part I — Crimes"
  - "Chapter 113 — Stolen Property"
---

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

- (a) **Offense.—** Any [person](/usc/18/229F.md?p=5) who, without the authorization of the copyright [owner](/usc/18/1839.md?p=4), 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](/usc/17.md), 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](/usc/18/229F.md?p=5) of an audiovisual recording device in a motion picture exhibition facility may be considered as evidence in any proceeding to determine whether that [person](/usc/18/229F.md?p=5) committed an offense under this subsection, but shall not, by itself, be sufficient to support a conviction of that [person](/usc/18/229F.md?p=5) for such offense.

- (b) **Forfeiture and Destruction of Property; Restitution.—** Forfeiture, destruction, and restitution relating to this section shall be subject to [section 2323](/usc/18/2323.md), 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](/usc/18/202.md?p=c), agent, or [employee](/usc/18/202.md?p=c) of the [United States](/usc/18/229F.md?p=9), a [State](/usc/18/31.md?p=a-9), or a political subdivision of a [State](/usc/18/31.md?p=a-9), or by a [person](/usc/18/229F.md?p=5) acting under a contract with the [United States](/usc/18/229F.md?p=9), a [State](/usc/18/31.md?p=a-9), or a political subdivision of a [State](/usc/18/31.md?p=a-9).
- (d) **Immunity for Theaters.—** With reasonable cause, the [owner](/usc/18/1839.md?p=4) or lessee of a motion picture exhibition facility where a motion picture or other audiovisual work is being exhibited, the authorized agent or [employee](/usc/18/202.md?p=c) of such [owner](/usc/18/1839.md?p=4) or lessee, the licensor of the motion picture or other audiovisual work being exhibited, or the agent or [employee](/usc/18/202.md?p=c) of such licensor—
  - (1) may detain, in a reasonable manner and for a reasonable time, any [person](/usc/18/229F.md?p=5) 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](/usc/18/232.md?p=7); and
  - (2) shall not be held liable in any civil or criminal action arising out of a detention under [paragraph (1)](#d-1).
- (e) **Victim Impact Statement.—**
  - (1) **In general.—** During the preparation of the presentence report under [rule 32(c)](/usc/18/32.md?p=c) of the Federal Rules of Criminal Procedure, victims of an offense under this section shall be permitted to submit to the probation [officer](/usc/18/202.md?p=c) 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)](#e-2-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](/usc/18/31.md?p=a-9).
- (g) **Definitions.—** In this section, the following definitions shall apply:
  - (1) **Title 17 definitions.—** The terms “audiovisual work”, “copy”, “copyright [owner](/usc/18/1839.md?p=4)”, “motion picture”, “motion picture exhibition facility”, and “transmit” have, respectively, the meanings given those terms in [section 101 of title 17](/usc/17/101.md).
  - (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 credit

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

## Notes

### Editorial Notes

### 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.”