I
105TH CONGRESS
2D SESSION
H. R. 3224
To amend title 18, United States Code, to provide protection from personal
intrusion for commercial purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 12, 1998
Mr. GALLEGLY (for himself, Mr. COBLE, Mr. BERMAN, and Mr. SMITH of
Texas) introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend title 18, United States Code, to provide protection
from personal intrusion for commercial purposes.
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 ‘‘Privacy Protection Act
of 1998’’.
SEC. 2. PROTECTION FROM PERSONAL INTRUSION FOR
COMMERCIAL PURPOSES.
(a) IN GENERAL.—Chapter 89 of title 18, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 1822. Harassment
‘‘(a) Whoever persistently follows or chases any indi-
vidual in the United States for the purpose of obtaining
a visual image, sound recording, or other physical impres-
sion of that or another individual, shall be punished as
provided in subsection (b), if—
‘‘(1) the image, recording, or impression was in-
tended to be, or was in fact, sold, published, or
transmitted in interstate or foreign commerce, or the
person attempted to capture such image, recording,
or impression moved in interstate of foreign com-
merce in order to capture such image, recording, or
impression.
‘‘(2) the individual has a reasonable expectation
of privacy from such intrusions and has taken rea-
sonable steps to ensure that privacy;
‘‘(3) the individual has a reasonable fear that
death or bodily injury will result from that following
or chasing; and
‘‘(4) the obtaining of the image, recording, or
other impression is for commercial purposes.
‘‘(b) The punishment for an offense under this sec-
tion is—
‘‘(1) if death is caused by the offense, the pun-
ishment provided under section 1111 or 1112 for a
like offense under that section;
‘‘(2) if serious bodily injury is caused by the of-
fense, the punishment provided in section 113 for a
like offense under that section; and
‘‘(3) in any other case, a fine under this title
or imprisonment for not more than 1 year, or both.
‘‘(c)(1) A person who is subjected to a violation of
subsection (a) may, in a civil action against the person
engaging in that violation, obtain any appropriate relief.
‘‘(2) In any civil action under this section, the court
shall allow the prevailing party a reasonable attorney’s fee
and other reasonable litigation costs as part of the costs.
‘‘(d) It is not a defense to a prosecution or civil action
under this section that—
‘‘(1) no image or recording was captured; or
‘‘(2) no image or recording was sold.
‘‘(e) Nothing in this section may be construed to
make the sale, transmission, publication, broadcast, or use
of any visual image, sound recording, or other physical im-
pression in any otherwise lawful manner by any person
subject to criminal charge or civil liability.
‘‘(f) Only a person physically present at the time of,
and engaging or assisting another in engaging in, the fol-
lowing or chasing that constitutes a violation of this sec-
tion is subject to a Federal criminal charge or civil liability
under this section, or section 2, 3, 4, or 371 of this title,
based on a violation of this section. A person shall not
be subject to such charge or liability by reason of the con-
duct of an agent, employee, or contractor of that person
or because any visual image, sound recording, or other
physical impression captured in violation of this section
was solicited, bought, used, or sold by that person.
‘‘(g) The prohibitions of this section do not apply
with respect to official law enforcement activities.
‘‘(h) Nothing in this section shall be taken to preempt
any right or remedy otherwise available under Federal,
State, or local law.
‘‘(i) As used in this section—
‘‘(1) the term ‘for commercial purposes’ means
with the expectation of financial gain or other con-
sideration from the sale or other transfer of the vis-
ual image, sound recording, or other physical im-
pression; and
‘‘(2) the term ‘State’ includes the District of
Columbia and each other commonwealth, territory,
or possession of the United States.’’.
(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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