[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1301 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
September 21, 2004.
Resolved, That the bill from the Senate (S. 1301) entitled ``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'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. 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 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''.
Attest:
Clerk.
108th CONGRESS
2d Session
S. 1301
_______________________________________________________________________
AMENDMENT