I
105TH CONGRESS
1ST SESSION
H. R. 2448
To provide protection from personal intrusion.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 10, 1997
Mr. BONO introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To provide protection from personal intrusion.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Protection From Per-
sonal 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 follow-
ing:
‘‘§ 1822. Harassment
‘‘(a) IN GENERAL.—Whoever harasses any person
within the United States or the special maritime and terri-
torial 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 im-
prisonment 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, Unit-
ed 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 sec-
tion, the term ‘harass’ means persistently physically fol-
lowing or chasing a victim, in circumstances where the vic-
tim 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 phys-
ical 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 cap-
tured; or
‘‘(2) no image or recording was in fact sold for
profit.
‘‘(d) CAUSE OF ACTION.—(1) Any person who is le-
gally 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 appro-
priate 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 other-
wise 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 crimi-
nal charge or civil liability based on this section. A person
shall not be subject to such liability by reason of the con-
duct 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 prohi-
bitions of this section do not apply with respect to legiti-
mate 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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