[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1301 Reported in House (RH)]

                                                 Union Calendar No. 287
108th CONGRESS
  2d Session
                                S. 1301

                          [Report No. 108-504]


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2003

               Referred to the Committee on the Judiciary

                              May 20, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as referred on September 
                               30, 2003]

_______________________________________________________________________

                                 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''.




                                                 Union Calendar No. 287

108th CONGRESS

  2d Session

                                S. 1301

                          [Report No. 108-504]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 20, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed