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'."