18 U.S.C. § 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 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. (Added Pub. L. 108–495, § 2(a) , Dec. 23, 2004 , 118 Stat. 3999 .) Statutory Notes and Related Subsidiaries Short Title of 2004 Amendment Pub. L. 108–495, § 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 ’.”

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