Section 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'."