What 18 USC § 1801 - Video Voyeurism Prevention Act of 2004 requires
18 USC § 1801 (added by the Video Voyeurism Prevention Act of 2004, Pub. L. 108-495, signed 23 December 2004) criminalises the non-consensual capture of intimate visual recordings in federal jurisdictional spaces and serves as the federal foundation alongside which all 50 states have enacted parallel voyeurism statutes addressing private-property and state jurisdictional contexts: subsection (a) provides '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'; subsection (b) provides five enumerated definitions including 'capture' (videotape, photograph, film, record by any means, or broadcast), 'broadcast' (electronic transmission for viewing by one or more persons), 'private area' (naked or undergarment-clad genitals, pubic area, buttocks, or female breast), 'female breast' (any portion below the top of the areola), and 'reasonable expectation of privacy' (circumstances where the individual could disrobe in privacy without concern of capture OR where the individual believed private areas would not be visible to the public regardless of public location); subsection (c) provides a lawful law enforcement, correctional, or intelligence activity exemption; the federal statute operates in jurisdictional spaces (federal lands, vessels, military installations, embassies, federal buildings) while state voyeurism statutes cover private-property and ordinary commercial contexts; the 'reasonable expectation of privacy in public areas' element is the doctrinal innovation that recognises modern smartphone-camera ubiquity and extends protection into changing rooms, public restrooms, and similar semi-public spaces.
Pillar: Adult Industry & Sexual Content Compliance · Authority: United States Congress (Video Voyeurism Prevention Act of 2004, Pub. L. 108-495, 118 Stat. 3999; signed 23 December 2004; codified at 18 USC § 1801) · Version: 1.0.0 · Last updated:
Primary source: https://www.law.cornell.edu/uscode/text/18/1801
SHA-256 integrity: 1e9b3a3cdbbebb9a6c13cdc093c23d4f81293fb004c051b8de7cd927ed4ef36f
Primary Citations — 5 traced to source
- 18 USC § 1801(a) THE OFFENCE: '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.'
- 18 USC § 1801(b)(3) PRIVATE AREA DEFINITION: '"private area" means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of an individual'
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