```

[108th Congress Public Law 495]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ495.108]

[[Page 118 STAT. 3999]]

Public Law 108-495
108th Congress

                                 An Act

 
 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. <<NOTE: Dec. 23, 2004 -  [S. 1301]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Video Voyeurism Prevention 
Act of 2004.>> assembled,

SECTION 1. <<NOTE: 18 USC 1801 note.>> 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

[[Page 118 STAT. 4000]]

                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''.

    Approved December 23, 2004.

LEGISLATIVE HISTORY--S. 1301:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-504 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Sept. 25, considered and passed 
                                        Senate.
                                                        Vol. 150 (2004):
                                    Sept. 21, considered and passed 
                                        House, amended.
                                    Dec. 7, Senate concurred in House 
                                        amendment.

                                  <all>
```