I 
119TH CONGRESS 
1ST SESSION H. R. 1204 
To authorize a civil right of action for individuals affected by video voyeurism, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 11, 2025 
Ms. MACE introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To authorize a civil right of action for individuals affected 
by video voyeurism, and for other 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 ‘‘Sue Victimizers and 
Offenders who Yield Explicit Unconsented Recordings 
Surreptitiously Act’’ or the ‘‘Sue VOYEURS Act’’. 
SEC. 2. INTIMATE VISUAL DEPICTIONS. 
Title XIII of division W of the Consolidated Appro-
priations Act, 2022, is amended by inserting after section 
1309 the following: 
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‘‘SEC. 1309A. CIVIL ACTION RELATING TO CAPTURE OF IN-
TIMATE IMAGES. 
‘‘(a) CIVIL ACTION.— 
‘‘(1) RIGHT OF ACTION.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (3), an individual whose intimate vis-
ual depiction is captured, in a circumstance de-
scribed in paragraph (4), without the consent of 
the individual, where such capture is done by a 
person who knows that, or recklessly disregards 
whether, the individual has not consented to the 
capture, and does so under circumstances in 
which the individual has a reasonable expecta-
tion of privacy, may bring a civil action against 
that person in an appropriate district court of 
the United States for relief as set forth in para-
graph (2). 
‘‘(B) RIGHTS ON BEHALF OF CERTAIN IN-
DIVIDUALS.—In the case of an individual who is 
under 18 years of age, incompetent, incapaci-
tated, or deceased, the legal guardian of the in-
dividual or representative of the individual’s es-
tate, another family member, or any other per-
son appointed as suitable by the court, may as-
sume the individual’s rights under this section, 
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but in no event shall the defendant be named 
as such representative or guardian. 
‘‘(2) RELIEF.— 
‘‘(A) IN GENERAL.—In a civil action filed 
under this section— 
‘‘(i) an individual may recover the ac-
tual damages sustained by the individual 
or liquidated damages in the amount of 
$150,000 for each intimate visual depiction 
captured of the individual, and the cost of 
the action, including reasonable attorney’s 
fees and other litigation costs reasonably 
incurred; and 
‘‘(ii) the court may, in addition to any 
other relief available at law, order equi-
table relief, including a temporary restrain-
ing order, a preliminary injunction, or a 
permanent injunction ordering the defend-
ant to cease display or disclosure of the 
visual depiction. 
‘‘(B) PRESERVATION OF ANONYMITY.—In 
ordering relief under subparagraph (A), the 
court may grant injunctive relief maintaining 
the confidentiality of a plaintiff using a pseu-
donym. 
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‘‘(3) EXCEPTION.—An individual may not bring 
an action for relief under this section relating to the 
actions of a law enforcement officer or agency, con-
ducting surveillance pursuant to a lawfully issued 
warrant. 
‘‘(4) CIRCUMSTANCE
DESCRIBED.—For the 
purposes of paragraph (1), the circumstances de-
scribed in this paragraph are that— 
‘‘(A) the individual traveled in interstate or 
foreign commerce, or traveled using a means, 
channel, facility, or instrumentality of interstate 
or foreign commerce, in furtherance of or in 
connection with the conduct described in para-
graph (1); 
‘‘(B) the individual used a means, channel, 
facility, or instrumentality of interstate or for-
eign commerce in furtherance of or in connec-
tion with the conduct described in paragraph 
(1); 
‘‘(C) any payment of any kind was made, 
directly or indirectly, in furtherance of or in 
connection with the conduct described in para-
graph (1) using any means, channel, facility, or 
instrumentality of interstate or foreign com-
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‘‘(1) BROADCAST.—The term ‘broadcast’ means 
to electronically transmit a visual image with the in-
tent that it be viewed by a person or persons. 
‘‘(2) CAPTURE.—The term ‘capture’, with re-
spect to an image, means to videotape, photograph, 
film, record by any means, or broadcast. 
‘‘(3) CONSENT.—The term ‘consent’ means an 
affirmative, conscious, competent, and voluntary au-
thorization made by the individual free from force, 
fraud, misrepresentation, or coercion. 
‘‘(4) INTIMATE VISUAL DEPICTION.—The term 
‘intimate visual depiction’— 
‘‘(A) means a visual depiction, as that 
term is defined in section 2256(5) of title 18, 
United States Code, that depicts— 
‘‘(i) the naked or undergarment clad 
private area of an individual; or 
‘‘(ii) the display or transfer of bodily 
sexual fluids— 
‘‘(I) on to any part of the body 
of an individual; 
‘‘(II) from the body of an indi-
vidual; or 
‘‘(iii) an individual engaging in sexu-
ally explicit conduct; and 
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‘‘(B) includes any visual depictions de-
scribed in subparagraph (A) produced while the 
individual was in a public place only if the indi-
vidual did not— 
‘‘(i) voluntarily display the content de-
picted; or 
‘‘(ii) consent to the sexual conduct de-
picted; 
‘‘(5) PRIVATE AREA.—The term ‘private area’ 
means, with respect to an individual, the genitals, 
pubic area, anus, buttocks, or female nipple of that 
individual. 
‘‘(6) SEXUALLY EXPLICIT CONDUCT.—The term 
‘sexually explicit conduct’ has the meaning given to 
the term in subparagraph (A) of section 2256(2) of 
title 18, United States Code. 
‘‘(7) UNDER CIRCUMSTANCES IN WHICH THAT 
INDIVIDUAL HAS A REASONABLE EXPECTATION OF 
PRIVACY.—The term ‘under circumstances in which 
that individual has a reasonable expectation of pri-
vacy’ means— 
‘‘(A) circumstances in which a reasonable 
person would believe that he or she could dis-
robe in privacy, without being concerned that 
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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, re-
gardless of whether that person is in a public 
or private place.’’. 
Æ 
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