[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.