[Congressional Record Volume 150, Number 114 (Tuesday, September 21, 2004)]
[House]
[Pages H7267-H7268]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 VIDEO VOYEURISM PREVENTION ACT OF 2003

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the Senate 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, as amended.
  The Clerk read as follows:

                                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 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''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Wisconsin (Mr. Sensenbrenner) and the gentlewoman from the Virgin 
Islands (Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on S. 1301.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, S. 1301 imposes civil and criminal penalties for 
intentionally capturing an image of a private area of an individual 
without the individual's consent and in a circumstance where the 
individual has a reasonable expectation of privacy.
  With the development of smaller cameras and the instantaneous 
distribution capability of the Internet, the issue of video voyeurism 
is a huge privacy concern. Unsuspecting adults, as well as high school 
students and children, have been targeted in school locker rooms, 
department store dressing rooms, and even in their homes.
  One egregious example occurred in Monroe, Louisiana, where a neighbor 
installed cameras in Susan Wilson's attic. Using those cameras, the 
neighbor had been watching the Wilsons for months, but because 
Louisiana had no laws at the time to prosecute the invasion of privacy, 
the Wilsons have no options for redress.
  Many States have since passed laws that target video voyeurism to 
protect those in private areas, but there are fewer protections for 
those who may be photographed in compromising positions in public 
places. S. 1301 makes the acts of video voyeurism illegal on Federal 
land such as national parks and Federal buildings, using the well-
accepted legal concept that individuals are entitled to a reasonable 
expectation of privacy. It also serves as model legislation for States 
that have not yet

[[Page H7268]]

enacted their own laws or need to update existing laws to account for 
the rapid spread of camera technology.
  This crime would be punishable by a fine of not more than $100,000 or 
imprisonment for up to 1 year or both. The penalties found in this bill 
reflect the serious injury that is caused by the invasive nature of 
these crimes.
  The Senate passed S. 1301 by unanimous consent on July 24, 2003, and 
the gentleman from Ohio (Mr. Oxley), the gentleman from Texas (Mr. 
Gonzalez), the gentleman from Virginia (Mr. Goode) and the gentleman 
from Washington (Mr. Baird) introduced a bill that was substantially 
the same in the House.
  The gentlewoman from Texas (Ms. Jackson-Lee) added a definition to 
the term ``broadcast'' to cover those who would not only video, but 
directly broadcast these pictures on the Internet. These changes 
improved the bill, and it is my understanding that the original 
sponsors in the House and the other body support them.
  Mr. Speaker, I urge my colleagues to support this bill.
  Mr. Speaker, I reserve the balance of my time.
  Ms. CHRISTENSEN. Mr. Speaker, I yield myself of such time as I may 
consume.
  Mr. Speaker, I rise in support of the legislation before us today. 
Recent technological advances have made it all too easy for modern day, 
high-tech peeping toms to recklessly infringe on the privacy rights of 
many unsuspecting individuals.
  The Video Voyeurism Protection Act of 2003 attempts to bring an end 
to this disturbing phenomenon by making it a crime to secretly take 
pictures of someone in a State of undress. Specifically, the bill 
prohibits the use of certain devices to videotape, photograph or record 
the genitals, pubic area, buttocks or breast of an individual without 
that individual's consent.
  Second, the bill guarantees that perpetrators of video voyeurism will 
be punished by imposing a sentence of fine or imprisonment for up to 1 
year.
  Video voyeurism is a serious crime, the extent of which has been 
greatly exacerbated by the Internet. Because of Internet technology, 
the pictures that a voyeur captures can be disseminated to a worldwide 
audience in a matter of seconds. As a result, individuals in the 
victims rights' community have labeled video voyeurism ``the new 
frontier of stalking.''
  Finally, I would like to commend Senators Leahy, Schumer and DeWine 
for taking the lead on this important issue and for making sure that it 
remains at the forefront of public debate. By all accounts, this bill 
is truly a worthwhile endeavor. I strongly urge my colleagues to lend 
their support this sensible piece of legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SENSENBRENNER. Mr. Speaker, I yield the balance of my time to the 
gentleman from Ohio (Mr. Oxley), the House author of the bill, with the 
sincere hope that he does not use it all.
  Mr. OXLEY. Mr. Speaker, I thank the gentleman for yielding me time, 
and he will be pleased to know that I will not use the entire 18 
minutes.
  Mr. Speaker, as the proud sponsor of the Video Voyeurism Act, I would 
like to thank the gentleman from Wisconsin (Chairman Sensenbrenner) and 
the gentleman from North Carolina (Chairman Coble) for their leadership 
in getting this bill through the committee, and also would like to 
thank the gentleman from Texas (Mr. Gonzalez) for sponsoring this 
bipartisan bill with me.
  I would like to express my appreciation for Senator DeWine's work in 
passing the companion bill in the Senate. I have introduced this bill 
in the past 3 Congresses, and I am very happy to see it on the floor 
today.
  My original interest in this issue came from a concern that a 
constituent expressed in a letter. I had also just written the Child 
Online Protection Act, which is something we need to have implemented 
after years of legal delays.
  Video voyeurism is something that has been in the news a lot lately, 
in part, due to the improper use of the camera cell phones that have 
become so popular. For the victim, it is embarrassing and degrading to 
be photographed in a compromised position. It is an invasion of 
personal privacy.
  What we have seen in recent years is that technologically savvy 
predators have infiltrated high school locker rooms, department store 
dressing rooms and even people's homes using small concealed cameras. 
Women have even been victimized standing in line at the mall or an 
amusement park.
  What makes it worse now is that these pictures can be instantly 
posted on the Internet for millions to use. In fact, there are a 
multitude of Web sites devoted specifically for these types of pictures 
and videos.
  As is often the case, the law has not kept up with technology. Many 
of these cases have been tried under old peeping tom laws which were 
not written to cover photographic equipment, so a case either cannot be 
brought or the sentence does not adequately fit the crime.
  Although more States are passing laws to address this, our Video 
Voyeurism Prevention Act would create a comprehensive law that covers 
all forms of video voyeurism on Federal land, and it will serve as a 
model for States that either have not enacted or may not want to 
strengthen their own laws against video voyeurism.
  Mr. Speaker, it is a good bill that protects privacy and decency, and 
I urge my colleagues to support it.
  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Wisconsin (Mr. Sensenbrenner) that the House suspend the 
rules and pass the Senate bill, S. 1301, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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