Video Voyeurism Prevention Act of 2004
PL 108-495 (S.1301), enacted 12/23/2004

118 STAT. 3999
PUBLIC LAW 108–495—DEC. 23, 2004
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.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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 reason-
able expectation of privacy, shall be fined under this title or impris-
oned 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 broad-
cast;
‘‘(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
18 USC 1801
note.
Video Voyeurism
Prevention Act of
2004.
Dec. 23, 2004
[S. 1301]
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118 STAT. 4000
PUBLIC LAW 108–495—DEC. 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.
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.
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