Daviess County - Indiana Criminal Code 2022

CRIMINAL LAWAND PROCEDURE

269

(1) a digital or an analog photographic or video camera; or (2) any other technology capable of enabling the recording or transmission of a motion picture or other audiovisual work; regardless of whether audiovisual recording is the sole or primary purpose of the device. 35-46-8-3. “Motion picture exhibition facility” defined. (a) As used in this chapter, “motion picture exhibition facility” means: (1) an indoor or outdoor screening venue; or (2) any other premises; where motion pictures or other audiovisual works are shown to the public for a charge, regardless of whether an admission fee is charged. (b) The term does not include a dwelling. 35-46-8-4. Unlawful recording. (a) A person who knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with the intent to trans mit or record a motion picture commits unlawful recording, a Class B misdemeanor. (b) It is a defense to a prosecution under this section that the accused person had the written per mission of the motion picture exhibition facility owner to transmit or record the motion picture. 35-46-8-5. Disposition of property. In addition to a criminal penalty imposed for an offense under this chapter, a court may order the forfeiture, destruction, or other disposition of: (1) all unauthorized copies of motion pic tures or other audiovisual works; and (2) any audiovisual recording devices or other equipment used in connection with the offense. Chapter 8.5. Unlawful Photography and Surveillance on Private Property 35-46-8.5-1. Unlawful photography and surveillance on private property. 35-46-8.5-1. Unlawful photography and surveillance on private property. (a) This section does not apply to any of the following:

(1) Electronic or video toll collection facil ities or activities authorized under any of the following: (A) IC 8-15-2. (B) IC 8-15-3. (C) IC 8-15.5. (D) IC 8-15.7. (E) IC 8-16. (F) IC 9-21-3.5. (2) A law enforcement officer who has obtained: (A) a search warrant; or (B) the consent of the owner or [of] pri vate property; (3) A law enforcement officer who uses a law enforcement recording device in per formance of the officer’s duties. to place a camera or electronic surveillance equip ment on private property. (b) A person who knowingly or intentionally places a camera or electronic surveillance equip ment that records images or data of any kind while unattended on the private property of another person without the consent of the owner or tenant of the private property commits a Class Amisde meanor. Chapter 9. Operating a Motorboat While Intoxicated. 35-46-9-1. “Chemical test” defined. 35-46-9-2. “Intoxicated” defined. 35-46-9-3. “Motorboat” defined. 35-46-9-4. “Prima facie evidence of intoxication” defined. 35-46-9-5. “Relevant evidence” defined. 35-46-9-6. Operating a motorboat while intoxicated. 35-46-9-7. Unlawfully operating a motorboat. 35-46-9-8. Implied consent. 35-46-9-9. Offer of a chemical test. 35-46-9-10. Offer of a portable breath test. 35-46-9-11. Results of chemical test. 35-46-9-12. Certification and use of chemical breath test. 35-46-9-13. Refusal of chemical test. 35-46-9-14. Prosecuting attorney to represent state. 35-46-9-15. Use of results of chemical test. 35-46-9-1. “Chemical test” defined. As used in this chapter, “chemical test” means an analysis of an individual’s: