[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

118 STAT. 3999

Public Law 108-495
108th Congress

An Act


 
To amend title 18, United States Code, to prohibit video voyeurism in
the special maritime and territorial jurisdiction of the United States,
and for other purposes. NOTE: Dec. 23, 2004 -  [S. 1301]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Video Voyeurism Prevention
Act of 2004. assembled,

SECTION 1. NOTE: 18 USC 1801 note. SHORT TITLE.

This Act may be cited as the ``Video Voyeurism Prevention Act of
2004''.

SEC. 2. PROHIBITION OF VIDEO VOYEURISM.

(a) In General.--Title 18, United States Code, is amended by
inserting after chapter 87 the following new chapter:

``CHAPTER 88--PRIVACY

``Sec.
``1801. Video voyeurism.

``Sec. 1801. Video voyeurism

``(a) Whoever, in the special maritime and territorial jurisdiction
of the United States, has the intent to capture an image of a private
area of an individual without their consent, and knowingly does so under
circumstances in which the individual has a reasonable expectation of
privacy, shall be fined under this title or imprisoned not more than one
year, or both.
``(b) In this section--
``(1) the term `capture', with respect to an image, means to
videotape, photograph, film, record by any means, or broadcast;
``(2) the term `broadcast' means to electronically transmit
a visual image with the intent that it be viewed by a person or
persons;
``(3) the term `a private area of the individual' means the
naked or undergarment clad genitals, pubic area, buttocks, or
female breast of that individual;
``(4) the term `female breast' means any portion of the
female breast below the top of the areola; and
``(5) the term `under circumstances in which that individual
has a reasonable expectation of privacy' means--
``(A) circumstances in which a reasonable person
would believe that he or she could disrobe in privacy,
without being concerned that an image of a private area
of the individual was being captured; or
``(B) circumstances in which a reasonable person
would believe that a private area of the individual
would not

[[Page 4000]]
118 STAT. 4000

be visible to the public, regardless of whether that
person is in a public or private place.

``(c) This section does not prohibit any lawful law enforcement,
correctional, or intelligence activity.''.
(b) Amendment to Part Analysis.--The table of chapters at the
beginning of part I of title 18, United States Code, is amended by
inserting after the item relating to chapter 87 the following new item:

``88. Privacy....................................................1801''.

Approved December 23, 2004.

LEGISLATIVE HISTORY--S. 1301:
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HOUSE REPORTS: No. 108-504 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
Sept. 25, considered and passed
Senate.
Vol. 150 (2004):
Sept. 21, considered and passed
House, amended.
Dec. 7, Senate concurred in House