[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1204 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1204
To authorize a civil right of action for individuals affected by video
voyeurism, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 11, 2025
Ms. Mace introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To authorize a civil right of action for individuals affected by video
voyeurism, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Sue Victimizers and Offenders who
Yield Explicit Unconsented Recordings Surreptitiously Act'' or the
``Sue VOYEURS Act''.
SEC. 2. INTIMATE VISUAL DEPICTIONS.
Title XIII of division W of the Consolidated Appropriations Act,
2022, is amended by inserting after section 1309 the following:
``SEC. 1309A. CIVIL ACTION RELATING TO CAPTURE OF INTIMATE IMAGES.
``(a) Civil Action.--
``(1) Right of action.--
``(A) In general.--Except as provided in paragraph
(3), an individual whose intimate visual depiction is
captured, in a circumstance described in paragraph (4),
without the consent of the individual, where such
capture is done by a person who knows that, or
recklessly disregards whether, the individual has not
consented to the capture, and does so under
circumstances in which the individual has a reasonable
expectation of privacy, may bring a civil action
against that person in an appropriate district court of
the United States for relief as set forth in paragraph
(2).
``(B) Rights on behalf of certain individuals.--In
the case of an individual who is under 18 years of age,
incompetent, incapacitated, or deceased, the legal
guardian of the individual or representative of the
individual's estate, another family member, or any
other person appointed as suitable by the court, may
assume the individual's rights under this section, but
in no event shall the defendant be named as such
representative or guardian.
``(2) Relief.--
``(A) In general.--In a civil action filed under
this section--
``(i) an individual may recover the actual
damages sustained by the individual or
liquidated damages in the amount of $150,000
for each intimate visual depiction captured of
the individual, and the cost of the action,
including reasonable attorney's fees and other
litigation costs reasonably incurred; and
``(ii) the court may, in addition to any
other relief available at law, order equitable
relief, including a temporary restraining
order, a preliminary injunction, or a permanent
injunction ordering the defendant to cease
display or disclosure of the visual depiction.
``(B) Preservation of anonymity.--In ordering
relief under subparagraph (A), the court may grant
injunctive relief maintaining the confidentiality of a
plaintiff using a pseudonym.
``(3) Exception.--An individual may not bring an action for
relief under this section relating to the actions of a law
enforcement officer or agency, conducting surveillance pursuant
to a lawfully issued warrant.
``(4) Circumstance described.--For the purposes of
paragraph (1), the circumstances described in this paragraph
are that--
``(A) the individual traveled in interstate or
foreign commerce, or traveled using a means, channel,
facility, or instrumentality of interstate or foreign
commerce, in furtherance of or in connection with the
conduct described in paragraph (1);
``(B) the individual used a means, channel,
facility, or instrumentality of interstate or foreign
commerce in furtherance of or in connection with the
conduct described in paragraph (1);
``(C) any payment of any kind was made, directly or
indirectly, in furtherance of or in connection with the
conduct described in paragraph (1) using any means,
channel, facility, or instrumentality of interstate or
foreign commerce or in or affecting interstate or
foreign commerce;
``(D) the individual transmitted in interstate or
foreign commerce any communication relating to or in
furtherance of the conduct described in paragraph (1)
using any means, channel, facility, or instrumentality
of interstate or foreign commerce or in or affecting
interstate or foreign commerce by any means or in
manner, including by computer, mail, wire, or
electromagnetic transmission;
``(E) any equipment, item, or other object that has
traveled in interstate or foreign commerce was used to
perform the conduct described in paragraph (1);
``(F) the conduct described in paragraph (1)
occurred within the special maritime and territorial
jurisdiction of the United States, or any territory or
possession of the United States; or
``(G) the conduct described in paragraph (1)
otherwise occurred in or affected interstate or foreign
commerce.
``(b) Definitions.--In this section:
``(1) Broadcast.--The term `broadcast' means to
electronically transmit a visual image with the intent that it
be viewed by a person or persons.
``(2) Capture.--The term `capture', with respect to an
image, means to videotape, photograph, film, record by any
means, or broadcast.
``(3) Consent.--The term `consent' means an affirmative,
conscious, competent, and voluntary authorization made by the
individual free from force, fraud, misrepresentation, or
coercion.
``(4) Intimate visual depiction.--The term `intimate visual
depiction'--
``(A) means a visual depiction, as that term is
defined in section 2256(5) of title 18, United States
Code, that depicts--
``(i) the naked or undergarment clad
private area of an individual; or
``(ii) the display or transfer of bodily
sexual fluids--
``(I) on to any part of the body of
an individual;
``(II) from the body of an
individual; or
``(iii) an individual engaging in sexually
explicit conduct; and
``(B) includes any visual depictions described in
subparagraph (A) produced while the individual was in a
public place only if the individual did not--
``(i) voluntarily display the content
depicted; or
``(ii) consent to the sexual conduct
depicted;
``(5) Private area.--The term `private area' means, with
respect to an individual, the genitals, pubic area, anus,
buttocks, or female nipple of that individual.
``(6) Sexually explicit conduct.--The term `sexually
explicit conduct' has the meaning given to the term in
subparagraph (A) of section 2256(2) of title 18, United States
Code.
``(7) Under circumstances in which that individual has a
reasonable expectation of privacy.--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 be visible to the public, regardless of
whether that person is in a public or private place.''.
<all>