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






                                                       Calendar No. 228
108th CONGRESS
  1st Session
                                S. 1301

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2003

  Mr. DeWine (for himself, Mr. Schumer, and Mr. Leahy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

                July 24 (legislative day, July 21), 2003

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Video Voyeurism Prevention 
Act of 2003''.</DELETED>

<DELETED>SEC. 2. PROHIBITION OF VIDEO VOYEURISM.</DELETED>

<DELETED>    (a) In General.--Title 18, United States Code, is amended 
by inserting after chapter 87 the following new chapter:</DELETED>

                <DELETED>``CHAPTER 88--PRIVACY</DELETED>

<DELETED>``Sec.
<DELETED>``1801. Video voyeurism.
<DELETED>``Sec. 1801. Video voyeurism</DELETED>
<DELETED>    ``(a) Whoever, in the special maritime and territorial 
jurisdiction of the United States, having the intent to capture an 
improper image of an individual, knowingly does so under circumstances 
violating the privacy of that individual, shall be fined under this 
title or imprisoned not more than one year, or both.</DELETED>
<DELETED>    ``(b) In this section--</DELETED>
        <DELETED>    ``(1) the term `captures', with respect to an 
        image, means videotapes, photographs, films, or records by any 
        electronic means;</DELETED>
        <DELETED>    ``(2) the term `improper image', with respect to 
        an individual, means an image, captured without the consent of 
        that individual, of the naked or undergarment clad genitals, 
        pubic area, buttocks, or female breast of that individual; 
        and</DELETED>
        <DELETED>    ``(3) the term `under circumstances violating the 
        privacy of that individual' means under circumstances in which 
        the individual exhibits an expectation that the improper image 
        would not be made, in a situation in which a reasonable person 
        would be justified in that expectation.''.</DELETED>
<DELETED>    (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:</DELETED>

<DELETED>``88. Privacy......................................    1801''.

</DELETED>SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Video Voyeurism Prevention Act of 
2003''.

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--VIDEO VOYEURISM

``Sec.
``1801. Video voyeurism.
``Sec. 1801. Video voyeurism
    ``(a) Whoever, in the special maritime and territorial jurisdiction 
of the United States, having the intent to capture an improper image of 
an individual, knowingly does so and that individual's naked or 
undergarment clad genitals, pubic area, buttocks, or female breast is 
depicted in the improper image under circumstances in which that 
individual has a reasonable expectation of privacy regarding such body 
part or parts, shall be fined under this title or imprisoned not more 
than one year, or both.
    ``(b) In this section--
            ``(1) the term `captures', with respect to an image, means 
        videotapes, photographs, films, or records by any means or 
        broadcasts;
            ``(2) the term `female breast' means any portion of the 
        female breast below the top of the areola;
            ``(3) the term `improper image', with respect to an 
        individual, means an image, captured without the consent of 
        that individual, of the naked or undergarment clad genitals, 
        pubic area, buttocks, or female breast of that individual; and
            ``(4) 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 his or her image was being 
                videotaped, photographed, filmed, broadcast, or 
                otherwise recorded by any means; or
                    ``(B) circumstances in which a reasonable person 
                would believe that his or her naked or undergarment-
                clad pubic area, buttocks, genitals, or female breast 
                would not be visible to the public, regardless of 
                whether that person is in a public or private area.
    ``(c) This section shall not apply to any person engaged in lawful 
law enforcement or intelligence activities.''.
    (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. Video Voyeurism.......................................    1801''.




                                                       Calendar No. 228

108th CONGRESS

  1st Session

                                S. 1301

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                July 24 (legislative day, July 21), 2003

                       Reported with an amendment