Statute for 18 – 4 – 604.3 – Unlawful Recording Of A Live Performance
Here is the charge you are facing:
18-4-604.3. Unlawful recording of a live performance
(1) A person who, without the consent of the owner of the right to record a live performance, records or causes to be recorded the live performance on a phonograph record, compact disc, video disc, wire, tape, film, or other article on which a live performance is recorded with the intent to sell the article on which the live performance is recorded or to cause the same to be sold for profit or to be used to promote the sale of any product commits unlawful recording of a live performance.
(2) In the absence of a written agreement or law to the contrary, the performer or performers of a live performance are presumed to own the rights to record the live performance.
(3) For purposes of this section, a person who is authorized to maintain custody and control of business records that reflect whether the owner of the live performance consented to having the live performance recorded is a competent witness in a proceeding regarding the issue of consent.
(4) Unlawful recording of a live performance is a class 1 misdemeanor.
(5) As used in this section, “live performance” means a recitation, rendering, or playing of a series of images, musical, spoken, or other sounds, or a combination of images and sounds, in an audible sequence.
When you look at the Statute, you may have questions about definitions of certain words or how the Colorado Court will interpret certain phrases. To answer these questions, Defense Attorney turn to "case law." That is, lawyers look at previous cases to determine how these words and phrases should be defined and interpreted. The best way to locate caselaw for free is to go to google scholar and search for legal opinions involving your charges from Colorado courts. Remember to talk to your attorney about any issues in your case and how the lawyer believes that the issues should be handled.
Colorado Penalties for Unlawful Recording Of A Live Performance
The charge of Unlawful Recording Of A Live Performance, is categorized as a:
Click here to find out how much jail time is associated with this penalty.
How to Use This Information
After you have hired a CO Defense Attorney, you will need to sit down with him to talk about the strengths and weaknesses of your case. To begin this process, you should think about what the prosecutor will attempt to show in order to say that you are guilty. This involves analyzing the statute language above as well as the jury instructions (which is the set of instructions that the jury will use to understand the law). This will allow you to get a better idea of how you can attack the prosecutor’s case and build your own case. So to begin, you should understand that the prosecutor will need to prove certain things beyond a reasonable doubt for you to be found guilty. These things are called “elements”.
The jury will be notified of the elements through a set of instructions called “Jury Instructions.” The Jury Instructions will be crafted by your attorney and the prosecutor. Your CO Defense Attorney will mold the jury instructions to your case, adding facts that are specific to the case and omitting unnecessary parts of the instructions.
Please find the model jury instruction for Unlawful Recording Of A Live Performance below. These will be adapted by your CO Attorney for your case.
The elements of the crime of unlawful recording of a live performance are: 1. That the defendant, 2. in the State of Colorado, at or about the date and place charged, 3. knowingly recorded or caused to be recorded a live performance on a phonograph record, compact disc, video disc, wire, tape, film or other article on which a live performance is recorded, 4. without consent of the owner, and, 5. with the intent [to sell the article on which the live performance is recorded for a profit][to cause the article on which the live performance is recorded to be sold for a profit or to be used to promote the sale of any product.] 6. [without the affirmative defense in instruction number __________.] After considering all the evidence, if you decide the prosecution has proven each of the elements beyond a reasonable doubt, you should find the defendant guilty of unlawful recording of a live performance. After considering all the evidence, if you decide the prosecution has failed to prove any one or more of the elements beyond a reasonable doubt, you should find the defendant not guilty unlawful recording of a live performance. NOTES ON USE Delete inapplicable bracketed material. The definitions of ?knowingly?, ?with intent? and ?live performance? must be given with this instruction. ?Live performance? means a recitation, rendering, or playing of a series of images, musical, spoken or other sounds or a combination of images or sounds in an audible sequence. ? 18-4-604.3(2) and (3), C.R.S. state how ownership may be proven.
To begin the process of analyzing your case, think about your case from the perspective of the prosecutor. Think about the facts that the prosecutor will have to prove to establish each element. Next, sit down with your Denver Colorado Criminal Defense Attorney and talk about some of the legal ways that you can use to counter the prosecutor’s evidence. Talk to your attorney about whether he thinks any of the prosecutor’s evidence can be kept out of court. For example, if you were illegally searched, your attorney may be able to keep the things that were found, as a result of that illegal search, out of court. Additionally, talk to your attorney about whether you have any defenses to Unlawful Recording Of A Live Performance.
Don’t Forget about Immigration:
If you are not a U.S. citizen, be sure to ask your attorney whether your charges will trigger deportation if you are found guilty or plea to the charge.
The information in this post is for informational purposes only and should not be construed as legal advice or as the creation of an attorney-client relationship. For legal advice, please contact an Attorney.