18 U.S.C. § 1801. Video voyeurism
- (a)(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)(b)
In this section—
- (1)(b)(1)the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;
- (2)(b)(2)the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;
- (3)(b)(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)(b)(4)the term “female breast” means any portion of the female breast below the top of the areola; and
- (5)(b)(5)
the term “under circumstances in which that individual has a reasonable expectation of privacy” means—
- (A)(b)(5)(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)(b)(5)(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)(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.)