Alabama

May 8, 2008. The first offense is a class A misdemeanor, punishable by up to one year in jail and a $2,000 fine, or both. Subsequent offenses are class C felonies, punishable by up to ten years in jail and a $5,000 fine, or both.

Arizona

Arizona Revised Statutes: § 13-3723. April 7, 2004. Class 1 Misdemeanor. 
Maximum six month imprisonment; fine of not more than two thousand five hundred dollars; or both.

Arkansas

§ 5-36-122. April 15, 2005. Class A Misdemeanor: One year in jail, $1000 fine, or both.

California

Cal Pen Code: § 653z & Theater Owners Immunity: § 490.5. October 2, 2003. Misdemeanor offense
Imprisonment not exceeding one year and/or fine not exceeding two thousand five hundred dollars.

Colorado

CRA § 18-4-516. May 21, 2004. Class 1 Misdemeanor with minimum of 6 mos of jail and $500 fine and maximum of 18 months and $5000 fine.

Connecticut

Public Act 04-187. June 3, 2004. Class B misdemeanor:
Maximum six months in prison, $1,000 fine, or both.

Delaware

SB 321. June 28, 2006. Extraordinary misdemeanor with a maximum penalty of up to one year in jail and a fine of up to $50,000.

District of Columbia

D.C. Code: § 22-3214.02. October 31, 1995. Imprisonment for not more than 90 days and/or fine not more than $300.

Florida

Fla. Stat: § 540.12. June 24, 2004. First offense: First Degree Misdemeanor [maximum penalty of one year in jail and a $1,000 fine]
Second offense: Third Degree Felony [maximum penalty of five years in jail and a $25,000 fine].

Georgia

O.C.G.A.: § 16-8-62. May 17, 2004. First offense: Misdemeanor [imprisonment for up to one year in jail, $1,000 fine or both]
Second offense: Felony [imprisonment for more than one year; $100,000 fine or both].

Hawaii

Hawaii Revised Statutes (HRS): Chapter 708 Definitions/ penalty § 663-2 Detention/ immunity. May 18, 2005. Misdemeanor with 1 year in jail, $2000 fine or both.

Idaho

§ 18-6901. April 1, 2005. Class A Misdemeanor: One year in jail, $1000 fine or both.

Illinois

720 ILCS 5/21-10. July 24, 2004. Class 4 Felony with up to 3 years in jail and $25,000 fine Indiana.

Indiana

Code 35-33-6-1. May 3, 2005. Class B Misdemeanor: 180 days in jail, $1000 fine or both.

Kansas

KSA 51-301 KSA 51-303 detention/ immunity. April 12, 2004. First offense: Class A misdemeanor [imprisonment for up to one year in jail, a $2,500 fine, or both]
Second offense: Level 9 felony [up to a $100,000 fine, five to 17 months in jail, or both.

Louisiana

R.S. 14:223.9. August 15, 2005. Two-tiered misdemeanor/ felony and The first offense up to six months in prison and up to a $500 fine, or both. A second or subsequent offense is a felony; up to five years in prison and up to a fine of $5,000, or both.

Maine

17 MRSA §3521- Detention 17-A MRSA §353, sub-§1C- Theft provision 17-A MRSA, Sub-§ 5D Penalty. May 24, 2005. Effective mid-September 2005 depending on the session’s end date Class D Misdemeanor: 1 year in prison, $2000 fine or both.

Maryland

MD Criminal Law § 7-308. Theater Owner Immunity: MD Courts and Judicial Proceedings §5-402. April 27, 2004. First Violation: misdemeanor [imprisonment not to exceed one year or a fine not exceeding $2500 or both] 
Second Violation: misdemeanor [imprisonment not to exceed three years or a fine not exceeding $10,000 or both].

Massachusetts

Chapter 266, § 143. November 16, 2004. Effective February 10, 2005. First offense: fine of up to $100,000 may be imposed, and/or maximum imprisonment not to exceed two years. Second offense: maximum fine of $250,000 and/or maximum of five years in prison.

Michigan

MCL 750.465a MCL 777.16w (penalty classification) MCL 600.2917a (Immunity). December 15, 2004 [Immunity statute pending on Governor’s desk]. First offense: fine of up to $10,000 and/or maximum imprisonment of one year.
 Second offense: felony punishable by up to two years in prison and/or a fine of up to $20,000. 
Third and subsequent offenses: felony punishable by up to four years prison, and/or fine up to $40,000.

Minnesota

Minnesota statute section 609.896 / Section 629.366 detention. June 3, 2005. Takes effect August 1, 2005. 3-tiered penalty
1-st Offense misdemeanor with a Penalty of up to $1,000 fine or 6 months in jail OR BOTH
. 2-nd Offense gross misdemeanor Penalty up to a fine of $3,000 and up to 1 year in jail OR BOTH. 
3rd or subsequent offense it is a felony UP TO A FINE OF $4,000 OR up to 2 years in prison OR BOTH.

Mississippi

March 14, 2005. Up to 6 months jail, $1000 fine or both.

Missouri

§ 578.500. July 13, 2005. Class A Misdemeanor with up to 1 year in jail and $1000 fine on first offense and Class D Felony with up to 4 years in jail and $5000 fine on second and subsequent offenses.

Nevada

Nevada Revised Statutes Chapter 205/ NRS 193.130 penalty section. October 1, 2005. 2-tiered penalty 1st Offense, Misdemeanor- up to 6 months in prison or $1,000 fine or both. Category D Felony for second or subsequent offense – 1 to 4 years prison and a possible $5,000 fine.

New Jersey

NJS .2C:21-21. September 10, 2004. First offense: fine up to $25,000, and/or maximum imprisonment not to exceed 18 months.
 Second offense: maximum fine of $50,000 and/or three to five years in prison. 
Third and subsequent offense: fine up to $100,000 and/or between three and five years in prison.

New Hampshire

Chapter 70 Laws of 2005 RSA 627:8-a Detention RSA 644:19 Penalty. January 1, 2006. The first offense provides for up to one year in prison and up to a $1,200 fine, or both. A second or subsequent offense provides for up to seven years in prison and up to a fine of $4,000, or both

New Mexico

2006 House Bill 577. July 1, 2006. Misdemeanor with up to 1 year in jail and/or $10,000 fine.

New York

NY CLS Penal § 275.32 Theater Owner Immunity: NY CLS Gen Bus § 218. December, 2008. Class A Misdemeanor with up to 1 year in jail and $1,000 fine on first offense and Class E Felony with up to 4 years in jail and $5,000 fine on second and subsequent offenses.

  • New York City NYC Title 10 of Administrative Code in Chapter 7 §10-701 §10-702 §10-703. July 1st 2007.
 First Offense: Misdemeanor with up to 6 months in jail and/or fine between 1,000 and 5,000 dollars.
Second Offense: Less than one year and/or fine of 5,000–10,000 dollars.

North Carolina

Session Law 2005-301. August 22, 2005. First Offense: Misdemeanor with up to 45 days in jail/discretionary fine
Second Offense: Up to 6 months in jail/discretionary fine.

Ohio

ORC § 2913.07 Theater Owner Immunity: ORC § 2935.041(D) – 2935.041(G). December 9, 2003. First offense: Misdemeanor of First Degree [prison term of not more than 180 days and/or fine of not more than $1000]
. Subsequent offense: Felony of the Fifth Degree [prison term of 6-12 months and/or a fine of not more than $2,500].

Oklahoma

21 Okl. St. § 1741. April 19, 2004. Up to a year in jail, a fine of not more than $10,000, or both.

Oregon

Chapter 459. July 7, 2005. Misdemeanor with six months in prison, $2500 fine or both.

Pennsylvania

18 Pa.C.S. § 4116.1. 1994. First offense: Misdemeanor of the first degree [imprisonment not more than 5 years and/or fine of not more than $10,000]
Subsequent offense: Felony of the third degree [imprisonment not more than 7 years; fine of not more then $15,000].

Puerto Rico

Law Number 149 (new Penal Code of 2004) §s 197-A and 197-B. July 19, 2006. Violation of the anti-camcording provision, 197-A, is a 3rd degree felony with potential jail time of 3 years and one day to 8 years.
Violation of the true name and address provision, 197-B, is a 4th degree felony with potential jail time of 6 months and one day to 3 years or a $5000 fine or both.

Rhode Island

General Laws Title 11 Chapter 65 definitions 11-65-1/ penalty 11-65-2/ immunity 11-65-3. July 6, 2005. Misdemeanor with one year in jail/$1000 fine or both.

South Carolina

§ 16-11-911. May 23, 2005. First offense provides for up to one year in prison and a $5,000 fine, or both. Second offense is up to two years in prison and a $10,000 fine, or both. Third and subsequent offenses provide for up to three years in prison and a $15, 000 fine, or both.

Tennessee

TCA 39-14-153. April 5, 2004. Class A misdemeanor
Imprisonment not to exceed 11 months 29 days; fine not to exceed $2,500, or both.

Texas

§ 35.935 of Business & Commerce Code. May 13, 2005. First Offense: Class A Misdemeanor with penalty of $4000 fine, a year in jail or both.
Second Offense: State Jail Felony with penalty of 180 days to 2 years in jail, $10,000 fine or both.
Third Offense: Third Degree Felony with jail from 2-10 years, fine up to $10,000 or both.

Utah

§ 13-10b-101, Utah Code Annotated 1953. March 14, 2007. First Offense: Class A Misdemeanor-Up to one year in jail, $2,500 fine or both.
Second Offense: Third Degree Felony-up to five years in jail, $5,000 fine or both.

Virginia

Va. Code Ann. § 18.2-187.2. April 5, 2004. Class 1 misdemeanor
Up to one year in jail, a $2,500 fine, or both.

West Virginia

§ 61-3-58. April 6, 2005. Three Tiered Penalty based on intent (to be amended next session)
1st Penalty: 1-10 years in prison and $500-1000 fine if done with intent to distribute for pecuniary gain
2nd Penalty: 1- 3 years in prison and $100-500 fine if done with intent to distribute
3rd Penalty: fine of $100 if done without intent to distribute and not for pecuniary gain.

Wisconsin

Wis. Stat. § 943.49. 1999. First offense: Class A misdemeanor [a fine not to exceed $10,000 or imprisonment not to exceed 9 months, or both]
Subsequent offense: Class D felony [a fine not to exceed $100,000 or imprisonment not to exceed 25 years, or both.]