[House Report 108-504]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-504

======================================================================



 
                 VIDEO VOYEURISM PREVENTION ACT OF 2003

                                _______
                                

  May 20, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1301]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on the Judiciary, to whom was referred the 
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, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     1
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     3
Committee Consideration..........................................     3
Vote of the Committee............................................     3
Committee Oversight Findings.....................................     3
New Budget Authority and Tax Expenditures........................     4
Congressional Budget Office Cost Estimate........................     4
Performance Goals and Objectives.................................     5
Constitutional Authority Statement...............................     5
Section-by-Section Analysis and Discussion.......................     5
Changes in Existing Law Made by the Bill, as Reported............     5
Markup Transcript................................................     7

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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''.

                          Purpose and Summary

    S. 1301, the ``Video Voyeurism Prevention Act of 2003,'' 
amends the Federal Criminal Code to prohibit a person, in the 
special maritime and territorial jurisdiction of the United 
States, from intentionally capturing an image of a private area 
of an individual without that individual's consent and the 
person capturing the image knowingly does so under 
circumstances in which the individual has a reasonable 
expectation of privacy.

                Background and Need for the Legislation

    The issue of ``video voyeurism'' is becoming a greater 
privacy concern. The development of small, concealed cameras 
and cell phone cameras, along with the instantaneous 
distribution capabilities of the Internet, have combined to 
create a threat to the privacy of unsuspecting adults, high 
school students, and children. There have been a number of 
instances across the country where individuals have been 
subjected to a violation of their privacy, only to find it 
compounded when the pictures or photographs find their way to 
the Internet. While more states have enacted laws in recent 
years, there are still great gaps in privacy protection.
    Assisted by this miniaturized technology, voyeurs have 
found their way to high school locker rooms, department store 
dressing rooms, and even homes. One of the more publicized 
cases involved Susan Wilson of Monroe, Louisiana. She made a 
startling discovery when she traced camera equipment installed 
in her attic to small holes in ceilings throughout her house. A 
neighbor had been secretly watching her and her family for 
months. At the time of this incident, Louisiana had not yet 
made this invasive act illegal.
    Although many states since have passed laws to target video 
voyeurism to protect those in a private area out of public view 
(including restrooms, locker rooms, and private dwellings), 
there are fewer protections for individuals who may be 
photographed in compromising positions in public places. The 
terms `upskirting'' and ``downblousing'' refer to forms of 
voyeurism that are appearing with increasing frequency.
    S. 1301 makes the act of ``video voyeurism'' on Federal 
land such as national parks or 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 enacted their own laws, or 
that need to update existing laws in light of 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. S. 1301, the ``Video Voyeurs Prevention Act of 2003,'' is 
similar in substance to H.R. 2405, the ``Video Voyeurism 
Prevention Act,'' introduced by Representatives Oxley, 
Gonzalez, Goode, and Baird.

                                Hearings

    No hearings in the Committee on the Judiciary were held on 
S. 1301.

                        Committee Consideration

    On March 30, 2004, the Subcommittee on Crime, Terrorism, 
and Homeland Security met in open session and ordered favorably 
reported the bill, S. 1301, as amended, by a voice vote, a 
quorum being present. On May 13, 2004, the Committee met in 
open session and ordered favorably reported the bill, S. 1301, 
with an amendment by voice vote, a quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the committee consideration of S. 
1301.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, S. 1301, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, May 14, 2004.
Hon. F. James Sensenbrenner, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 1301, the Video 
Voyeurism Prevention Act of 2004.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                       Douglas Holtz-Eakin.

Enclosure

cc:
        Honorable John Conyers, Jr.
        Ranking Member
S. 1301--Video Voyeurism Prevention Act of 2004.
    CBO estimates that implementing S. 1301 would have no 
significant cost to the Federal Government. Enacting the 
legislation could affect direct spending and revenues, but CBO 
estimates that any such effects would not be significant. S. 
1301 contains no intergovernmental or private-sector mandates 
as defined in the Unfunded Mandates Reform Act, and would 
impose no costs on State, local, or tribal governments.
    S. 1301 would make it illegal to videotape, photograph, or 
record individuals in certain States of undress when they have 
a reasonable expectation of privacy. Because the act would 
establish a new federal crime, the Government would be able to 
pursue cases that it otherwise would not be able to prosecute. 
However, we expect that S. 1301 would apply to a relatively 
small number of offenders, so any increase in costs for law 
enforcement, court proceedings, or prison operations would not 
be significant. Any such costs would be subject to the 
availability of appropriated funds.
    Because those prosecuted and convicted under S. 1301 could 
be subject to criminal fines, the Federal Government might 
collect additional fines if the legislation is enacted. 
Collections of such fines are recorded in the budget as 
revenues, which are deposited in the Crime Victims Fund and 
later spent. CBO expects that any additional revenues and 
direct spending would not be significant because of the small 
number of cases involved.
    On August 5, 2003, CBO transmitted a cost estimate for S. 
1301 as reported by the Senate Committee on the Judiciary on 
July 24, 2003. The two versions of the legislation are very 
similar, and our cost estimates are identical.
    The CBO staff contact for this estimate is Mark Grabowicz, 
who can be reached at 226-2860. This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, S. 
1301, is intended to impose criminal penalties to protect the 
privacy of individuals from the surreptitious use of hidden 
surveillance equipment that captures an individual's image. 
Such crimes harm individuals who have a reasonable expectation 
of privacy. This legislation is intended to prevent such 
behavior.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8, of the Constitution.

               Section-by-Section Analysis and Discussion

    Unless otherwise indicated, this discussion describes the 
bill as reported.
Sec. 1. Short Title.
    Under this section, the new short title is the ``Video 
Voyeurism Prevention Act of 2004.''
Sec. 2. Prohibition of Video Voyeurism.
    Section 2 amends title 18 by inserting new Chapter 88, 
entitled Video Voyeurism. Under the new chapter 88, 18 U.S.C. 
Sec. 1801(a) would prohibit video voyeurism which requires 
someone to have the intent to capture an improper image and to 
do so. Section 1801(b) provides definitions for ``capture,'' 
``broadcast,'' ``private area of the individual,'' ``female 
breast,'' and ``under circumstances in which that individual 
has a reasonable expectation of privacy.'' New Sec. 1801(c) 
provides exceptions for persons lawfully engaged in law 
enforcement or intelligence activities.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

                      TITLE 18, UNITED STATES CODE



           *       *       *       *       *       *       *
                             PART I--CRIMES

Chap.                                                               Sec.
1.     General provisions.........................................     1
     * * * * * * *
88.   Privacy.....................................................  1801
     * * * * * * *

                          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.

                           Markup Transcript



                            BUSINESS MEETING

                        WEDNESDAY, MAY 12, 2004

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:00 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    Chairman Sensenbrenner. The Committee will be in order. A 
quorum is present.
    [Intervening business.]
    Chairman Sensenbrenner. The next item on the agenda is S. 
1301, the ``Video Voyeurism Prevention Act of 2003.'' The Chair 
recognizes the gentleman from North Carolina, Mr. Coble, the 
Chairman of the Subcommittee on Crime, Terrorism, and Homeland 
Security.
    Mr. Coble. Mr. Chairman, the Subcommittee on Crime, 
Terrorism, and Homeland Security reports favorably the bill S. 
1301 with a single amendment in the nature of a substitute in 
lieu of its favorable recommendation to the full House.
    Chairman Sensenbrenner. Without objection the bill will be 
considered as read and open for amendment at any point, and the 
Subcommittee amendment in the nature of a substitute, which the 
Members have before them, will be considered as read, 
considered as the original text for purposes of amendment, and 
open for amendment at any point.
    The Chair recognizes the gentleman from North Carolina, Mr. 
Coble, to strike the last word.
    [The Subcommittee Amendment in the Nature of a Substitute 
follows:]
      
      

  


      
      

  


      
      

  


    Mr. Coble. I thank the Chairman.
    Mr. Chairman and colleagues, S. 1301, the ``Video Voyeurism 
Prevention Act of 2003'' is a bill introduced by Senators 
DeWine, Leahy and Schumer, and it amends the Federal Criminal 
Code to prohibit knowingly capturing an improper image of an 
individual without that individual's consent.
    Under the bill an improper image depicts an individual 
naked or partially naked under circumstances in which that 
individual has a reasonable expectation of privacy.
    The Senate passed S. 1301 by unanimous consent on July 24, 
2003, and Congressmen Oxley, Gonzalez, Goode and Baird 
introduced a bill that was substantially identical in the 
House. As Senator Leahy stated, this bill targets the 
pernicious practice of invading a person's privacy through the 
surreptitious use of hidden or concealed surveillance 
equipment. 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 that person's privacy.
    On March 30th, 2004, the Subcommittee on Crime, Terrorism, 
and Homeland Security voted in favor of an amended bill. The 
amended version is substantially identical to the original. 
Additionally, Representative Jackson Lee, the distinguished 
lady from Texas, added a definition to the term ``broadcast.'' 
These changes, in my opinion, improve the bill, and it is my 
understanding that the original sponsors in the House and the 
Senate support the change.
    I urge my colleagues to support S. 1301, and yield back the 
balance of my time.
    Chairman Sensenbrenner. Gentleman from Virginia, Mr. Scott.
    Mr. Scott. Thank you, Mr. Chairman.
    Mr. Chairman, I'm pleased to join the gentleman from North 
Carolina, the Chairman of the Subcommittee, in support of S. 
1301, the ``Video Voyeurism Prevention Act of 2003.'' This bill 
was developed in the Senate and the House on a bipartisan basis 
with appropriate input from all interest groups.
    I feel the bill is narrowly tailored to avoid intrusions on 
constitutionally protected freedoms, and so the offensive 
behavior prescribed in the bill can be punished without 
trampling on individual freedoms.
    Mr. Chairman, I therefore, support the bill and urge my 
colleagues to do the same.
    I yield back the balance of my time.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements will appear in the record at this point.
    [The prepared statement of Ms. Jackson Lee follows:]
    
    
    Chairman Sensenbrenner. Are there amendments?
    [No response.]
    Chairman Sensenbrenner. Without objection, the Committee 
amendment in the nature of a substitute laid down as the base 
text as amended is adopted. A reporting quorum is present. The 
question occurs on the motion to report the bill S. 1301 
favorably as amended.
    All in favor will say aye? Opposed, no?
    The ayes appear to have it. The ayes have it. The motion to 
report favorably is agreed to.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute, incorporating the amendment adopted here today.
    Without objection, the Chairman is authorized to move to go 
to conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all Members will be given 2 days as provided by the House 
rules in which to submit additional dissenting supplemental or 
minority views.

                                  
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