[Congressional Record Volume 149, Number 133 (Thursday, September 25, 2003)]
[Senate]
[Pages S12022-S12023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 VIDEO VOYEURISM PREVENTION ACT OF 2003

  Mr. DeWINE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 228, S. 1301.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (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.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

       [Strike the part shown in black brackets and insert the 
     part shown in italic.]

                                S. 1301

       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 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--PRIVACY

[``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 
     under circumstances violating the privacy of that individual, 
     shall be fined under this title or imprisoned not more than 
     one year, or both.

[[Page S12023]]

       [``(b) In this section--
       [``(1) the term `captures', with respect to an image, means 
     videotapes, photographs, films, or records by any electronic 
     means;
       [``(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
       [``(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.''.
       [(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''.]....

     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''.....

  Mr. LEAHY. Mr. President, I am pleased that the Senate is passing S. 
1301, the DeWine-Schumer-Leahy Video Voyeurism Prevention Act of 2003. 
This bill targets the pernicious practice of invading a person's 
privacy through the surreptitious use of hidden surveillance equipment. 
Specifically, the bill makes it a crime to capture an improper, naked 
or near-naked image of a person without his or her consent, and in such 
a way as to violate his or her privacy. Any person found guilty of 
video voyeurism as outlined in the bill may be fined or imprisoned for 
up to one year, or both.
  In recent years, the explosion of micro-camera technology has fed the 
growing phenomenon of video voyeurism. Hidden cameras have been 
discovered in bedrooms, bathrooms, public showers, changing rooms, 
locker rooms, and tanning salons, all aimed at filming unsuspecting 
victims in various states of undress. Often, the invasion of privacy is 
exacerbated when captured images are posted on the Internet for all the 
world to see.
  I commend Senators DeWine and Schumer for bringing this invasive 
practice to the attention of the Judiciary Committee, and for crafting 
a bill that addresses it in a thoughtful and measured manner. In 
addition, I thank them for addressing a concern I raised during the 
Committee's consideration of the bill. As introduced, the bill did not 
expressly prohibit ``cyber-peeping''--a particularly offensive form of 
video voyeurism involving the contemporaneous transmission of improper 
images of a non-consenting person over the Internet through Web cameras 
and other means. As reported by the Judiciary Committee, the ``cyber-
peeping'' loophole has been closed: The bill we pass today covers the 
simultaneous Web casting of images or any other transmissions that may 
not be recorded, so that defendants who use this means of violating 
people's privacy cannot escape punishment.
  The National Center for Victims of Crime has dubbed video voyeurism 
``the new frontier of stalking.'' The States are already responding to 
this ``new frontier'' in many different ways. Some have passed video 
voyeurism laws; others have addressed the conduct within the context of 
their laws against stalking. The Video Voyeurism Prevention Act brings 
the Federal criminal laws to bear on those who commit this offense 
within the special maritime or territorial jurisdiction of the United 
States. It should be enacted without delay.
  Mr. DeWINE. I ask unanimous consent that the committee substitute 
amendment be agreed to, the bill as amended be read the third time and 
passed, the motion to reconsider be laid upon the table, and any 
statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1301), as amended, was read the third time and passed.

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