[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