The bill would amend the Business & Commerce Code by making the unauthorized operation of a recording device in a motion picture theater punishable as a Class A misdemeanor.   The punishment for repeat offenders would be enhanced to a state jail felony for one previous conviction and a felony of the third degree for offenders previously convicted two or more times.

A Class A misdemeanor is punishable by confinement in county jail for a term not to exceed one year, a fine not to exceed $4,000, or both fine and imprisonment. 

A state jail felony is punishable by confinement in a state jail for any term of not more than two years or less than 180 days, or, in addition to confinement, a fine not to exceed $10,000.

A third degree felony is punishable by imprisonment in a prison facility for any term of not more than 10 years or less than 2 years, or in addition to confinement, a fine not to exceed $10,000.

It is assumed that the number of offenders convicted under this statute would not result in a significant impact on the programs and workload of state corrections agencies or on the demand for resources and services of those agencies.