[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1301 Reported in Senate (RS)]
Calendar No. 228
108th CONGRESS
1st Session
S. 1301
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 19, 2003
Mr. DeWine (for himself, Mr. Schumer, and Mr. Leahy) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
July 24 (legislative day, July 21), 2003
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Video Voyeurism Prevention
Act of 2003''.</DELETED>
<DELETED>SEC. 2. PROHIBITION OF VIDEO VOYEURISM.</DELETED>
<DELETED> (a) In General.--Title 18, United States Code, is amended
by inserting after chapter 87 the following new chapter:</DELETED>
<DELETED>``CHAPTER 88--PRIVACY</DELETED>
<DELETED>``Sec.
<DELETED>``1801. Video voyeurism.
<DELETED>``Sec. 1801. Video voyeurism</DELETED>
<DELETED> ``(a) Whoever, in the special maritime and territorial
jurisdiction of the United States, having the intent to capture an
improper image of an individual, knowingly does so under circumstances
violating the privacy of that individual, shall be fined under this
title or imprisoned not more than one year, or both.</DELETED>
<DELETED> ``(b) In this section--</DELETED>
<DELETED> ``(1) the term `captures', with respect to an
image, means videotapes, photographs, films, or records by any
electronic means;</DELETED>
<DELETED> ``(2) the term `improper image', with respect to
an individual, means an image, captured without the consent of
that individual, of the naked or undergarment clad genitals,
pubic area, buttocks, or female breast of that individual;
and</DELETED>
<DELETED> ``(3) the term `under circumstances violating the
privacy of that individual' means under circumstances in which
the individual exhibits an expectation that the improper image
would not be made, in a situation in which a reasonable person
would be justified in that expectation.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``88. Privacy...................................... 1801''.
</DELETED>SECTION 1. SHORT TITLE.
This Act may be cited as the ``Video Voyeurism Prevention Act of
2003''.
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--VIDEO VOYEURISM
``Sec.
``1801. Video voyeurism.
``Sec. 1801. Video voyeurism
``(a) Whoever, in the special maritime and territorial jurisdiction
of the United States, having the intent to capture an improper image of
an individual, knowingly does so and that individual's naked or
undergarment clad genitals, pubic area, buttocks, or female breast is
depicted in the improper image under circumstances in which that
individual has a reasonable expectation of privacy regarding such body
part or parts, shall be fined under this title or imprisoned not more
than one year, or both.
``(b) In this section--
``(1) the term `captures', with respect to an image, means
videotapes, photographs, films, or records by any means or
broadcasts;
``(2) the term `female breast' means any portion of the
female breast below the top of the areola;
``(3) the term `improper image', with respect to an
individual, means an image, captured without the consent of
that individual, of the naked or undergarment clad genitals,
pubic area, buttocks, or female breast of that individual; and
``(4) 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 his or her image was being
videotaped, photographed, filmed, broadcast, or
otherwise recorded by any means; or
``(B) circumstances in which a reasonable person
would believe that his or her naked or undergarment-
clad pubic area, buttocks, genitals, or female breast
would not be visible to the public, regardless of
whether that person is in a public or private area.
``(c) This section shall not apply to any person engaged in lawful
law enforcement or intelligence activities.''.
(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. Video Voyeurism....................................... 1801''.
Calendar No. 228
108th CONGRESS
1st Session
S. 1301
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 24 (legislative day, July 21), 2003
Reported with an amendment