H.R. 2448 (105^th): Protection From Personal Intrusion Act

HR 2448 IH

To provide protection from personal intrusion.

September 10, 1997

Mr. BONO introduced the following bill; which was referred to the Committee on the Judiciary

To provide protection from personal intrusion.

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 ‘Protection From Personal Intrusion Act’.

SEC. 2. CRIMINAL OFFENSE.

(a) IN GENERAL- Chapter 89 of title 18, United States Code, is amended by adding at the end the following:

‘Sec. 1822. Harassment

‘(a) IN GENERAL- Whoever harasses any person within the United States or the special maritime and territorial jurisdiction of the United States, or a citizen of the United States outside the United States shall--

‘(1) if death results, not less than 20 years imprisonment and a fine under title 18, United States Code;

‘(2) if bodily injury results, not less than 5 years’ imprisonment and a fine under title 18, United States Code; and

‘(3) if neither death nor bodily injury results, imprisonment for not more than 1 year or a fine under this title, or both.

‘(b) DEFINITION OF ‘HARASS’- As used in this section, the term ‘harass’ means persistently physically following or chasing a victim, in circumstances where the victim has a reasonable expectation of privacy and has taken reasonable steps to insure that privacy, for the purpose of capturing by a camera or sound recording instrument of any type a visual image, sound recording, or other physical impression of the victim for profit in or affecting interstate or foreign commerce.

‘(c) LIMITATION ON DEFENSES- It is not a defense to a prosecution under this section that--

‘(1) no image or recording was in fact captured; or

‘(2) no image or recording was in fact sold for profit.

‘(d) CAUSE OF ACTION- (1) Any person who is legally present in the United States and is the victim of a violation of this section may, in a civil action against the person engaging in the violation, obtain any appropriate relief.

‘(2) Any district court of the United States shall have jurisdiction over a claim asserted under this section, notwithstanding that the claim arises out of events that occurred outside of the territorial or special jurisdiction of the United States.

‘(e) USE OF IMAGES- Nothing in this section may be construed to make the sale, transmission, publication, broadcast, or use of any image or recording of the type or under the circumstances described herein in any otherwise lawful manner by any person subject to criminal charge or civil liability.

‘(f) LIMITATION- Only a person physically present and pursuing or assisting in pursuing the plaintiff at the time a violation of this section occurred is subject to criminal charge or civil liability based on this section. A person shall not be subject to such liability by reason of the conduct of an agent, employee, or contractor of that person, or because images or recordings captured in violation of this Act were solicited by, bought by, used by, or sold by that person.

‘(g) LAW ENFORCEMENT EXEMPTION- The prohibitions of this section do not apply with respect to legitimate law enforcement activities.’.

(b) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 89 of title 18, United States Code, is amended by adding at the end the following new item:

‘1822. Harassment.’.

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