skip to main content

S. 1301 (108th): Video Voyeurism Prevention Act of 2004

The text of the bill below is as of Jul 24, 2003 (Reported by Senate Committee).


S 1301 RS

Calendar No. 228

108th CONGRESS

1st Session

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.

IN THE SENATE OF THE UNITED STATES

June 19, 2003

Mr. DEWINE (for himself, Mr. SCHUMER, and Mr. LEAHY) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

July 24 (legislative day, JULY 21), 2003

Reported by Mr. HATCH, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]


A BILL

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.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

[Struck out->] SECTION 1. SHORT TITLE. [<-Struck out]

    [Struck out->] This Act may be cited as the ‘Video Voyeurism Prevention Act of 2003’. [<-Struck out]

[Struck out->] SEC. 2. PROHIBITION OF VIDEO VOYEURISM. [<-Struck out]

    [Struck out->] (a) IN GENERAL- Title 18, United States Code, is amended by inserting after chapter 87 the following new chapter: [<-Struck out]

[Struck out->]
‘CHAPTER 88--PRIVACY [<-Struck out]

[Struck out->]

‘Sec. [<-Struck out]

      [Struck out->]

      ‘1801. Video voyeurism. [<-Struck out]

[Struck out->]
‘Sec. 1801. Video voyeurism [<-Struck out]

    [Struck out->]

    ‘(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. [<-Struck out]

    [Struck out->]

    ‘(b) In this section-- [<-Struck out]

      [Struck out->]

      ‘(1) the term ‘captures’, with respect to an image, means videotapes, photographs, films, or records by any electronic means; [<-Struck out]

      [Struck out->]

      ‘(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 [<-Struck out]

      [Struck out->]

      ‘(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.’. [<-Struck out]

    [Struck out->] (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: [<-Struck out]

[Struck out->] 1801’. [<-Struck out]

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:

1801’.

Calendar No. 228

108th CONGRESS

1st Session

S. 1301

A BILL

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.


July 24 (legislative day, JULY 21), 2003

Reported with an amendment