PRIA, Government Policy, Made Personal

Summary

It is illegal in certain U.S. federal areas to intentionally take or send a picture or video of someone's private parts without their permission when that person reasonably expects privacy. A person who does this can be fined, jailed for up to one year, or both. "Capture" means videotaping, photographing, filming, recording, or broadcasting. "Broadcast" means sending a visual image electronically for others to see. "Private area" means naked or underwear-covered genitals, pubic area, buttocks, or a female breast (any part below the top of the areola). "Reasonable expectation of privacy" means someone could expect to undress in private or would expect their private area not to be seen by the public. Lawful police, prison, or intelligence activities are allowed.

Title 18, §1801

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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.

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’.”

§1801 Video Voyeurism

Summary

Title 18, §1801

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Short Title

Citations & Metadata