[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1301 Enrolled Bill (ENR)]

        S.1301

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 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.

    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 ``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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.