Text: S.1301 — 108th Congress (2003-2004)All Information (Except Text)
Public Law No: 108-495 (12/23/2004)
[108th Congress Public Law 495]
[From the U.S. Government Printing Office]
[[Page 118 STAT. 3999]]
Public Law 108-495
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
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:
``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
``(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
[[Page 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:
Approved December 23, 2004.
LEGISLATIVE HISTORY--S. 1301:
HOUSE REPORTS: No. 108-504 (Comm. on the Judiciary).
Vol. 149 (2003):
Sept. 25, considered and passed
Vol. 150 (2004):
Sept. 21, considered and passed
Dec. 7, Senate concurred in House