CITE
18 USC Sec. 1801 01/05/2009
EXPCITE
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 88 - PRIVACY
HEAD
Sec. 1801. Video voyeurism
STATUTE
(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.
SOURCE
(Added Pub. L. 108-495, Sec. 2(a), Dec. 23, 2004, 118 Stat. 3999.)
MISCELLANEOUS
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-495, Sec. 1, Dec. 23, 2004, 118 Stat. 3999, provided
that: "This Act [enacting this chapter] may be cited as the 'Video
Voyeurism Prevention Act of 2004'."