29–006 

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: 

2 

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. 

‘‘§ 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. 

3 

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. 

4 

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 addiVerDate May 04 2004 09:44 May 21, 2004 Jkt 029006 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\HR504.XXX HR504
5 

tional 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. § 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 § 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): 

6 

TITLE 18, UNITED STATES CODE 

* * * * * * * 

PART I—CRIMES 

Chap. Sec. 

1. General provisions ................................................................................. 1 

* * * * * * * 

88. Privacy ........................................................................................................ 1801 

* * * * * * * 

CHAPTER 88—PRIVACY 

Sec. 

1801. Video voyeurism. 

§ 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. 

7 

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:] 

8 H.L.C.

SUBCOMMITTEE AMENDMENT IN THE NATURE OF

A SUBSTITUTE TO S. 1301

[Showing the text as ordered reported by the Subcommittee

on Crime, Terrorism, and Homeland Security on 30 MARCH

2004]

Strike all after the enacting clause and insert the

following:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Video Voyeurism Pre3 vention Act of 2004’’.

4 SEC. 2. PROHIBITION OF VIDEO VOYEURISM.

5 (a) IN GENERAL.—Title 18, United States Code, is

6 amended by inserting after chapter 87 the following new

7 chapter:

8 ‘‘CHAPTER 88—PRIVACY

‘‘Sec.

‘‘1801. Video voyeurism.

9 ‘‘§ 1801. Video voyeurism

10 ‘‘(a) Whoever, in the special maritime and territorial

11 jurisdiction of the United States, has the intent to capture

12 an image of a private area of an individual without their

13 consent, and knowingly does so under circumstances in

14 which the individual has a reasonable expectation of pri15 vacy, shall be fined under this title or imprisoned not more

16 than one year, or both.

9 

2

H.L.C.

1 ‘‘(b) In this section—

2 ‘‘(1) the term ‘capture’, with respect to an

3 image, means to videotape, photograph, film, record

4 by any means, or broadcast;

5 ‘‘(2) the term ‘broadcast’ means to electroni6 cally transmit a visual image with the intent that it

7 be viewed by a person or persons;

8 ‘‘(3) the term ‘a private area of the individual’

9 means the naked or undergarment clad genitals,

10 pubic area, buttocks, or female breast of that indi11 vidual;

12 ‘‘(4) the term ‘female breast’ means any portion

13 of the female breast below the top of the areola; and

14 ‘‘(5) the term ‘under circumstances in which

15 that individual has a reasonable expectation of pri16 vacy’ means—

17 ‘‘(A) circumstances in which a reasonable

18 person would believe that he or she could dis19 robe in privacy, without being concerned that

20 an image of a private area of the individual was

21 being captured; or

22 ‘‘(B) circumstances in which a reasonable

23 person would believe that a private area of the

24 individual would not be visible to the public, reVerDate May 04 2004 09:44 May 21, 2004 Jkt 029006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6601 E:\HR\OC\HR504.XXX HR504
10 

3

H.L.C.

1 gardless of whether that person is in a public

2 or private place.

3 ‘‘(c) This section does not prohibit any lawful law en4 forcement, correctional, or intelligence activity.’’.

5 (b) AMENDMENT TO PART ANALYSIS.—The table of

6 chapters at the beginning of part I of title 18, United

7 States Code, is amended by inserting after the item relat8 ing to chapter 87 the following new item:

‘‘88. Privacy .......................................................................................... 1801’’.

11 

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:] 

12 

13 

14 

15 

16 

17 

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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