TheWeekInCongress.com
Week Ending December 10, 2004
S 1301 Video Voyeurism Prevention Act of 2003
BRIEF
The bill would prohibit as a crime ‘knowingly, in the special maritime and territorial jurisdiction of the United States, capturing (by videotape, photograph, film, or any means or broadcast) an improper image of an individual, without that individual's consent, depicting that individual's naked or undergarment clad genitals, pubic area, buttocks, or female breast under circumstances in which that individual has a reasonable expectation of privacy.’
S. 1301 makes the act of `video voyeurism' on federal land such as national parks or federal buildings, using the well-accepted legal concept that individuals are entitled to a reasonable expectation of privacy. It also serves as model legislation for states that have not enacted their own laws, or that need to update existing laws in light of the rapid spread of camera technology. This crime would be punishable by a fine of not more than $100,000 or imprisonment for up to 1 year, or both.
Sponsor: Senator Michael DeWine (R-OH)
Vote: Passed Senate amended by Unanimous Consent (Sept. 25, 2003), Passed House amended by voice vote (Sept. 21, 2004), Senate passed House amendment by Unanimous Consent (Dec. 7, 2004), Signed by President Bush as Public Law 108-495 (Dec. 23, 2004)
Cost to the taxpayers: CBO estimates that implementing S. 1301 would have no significant cost to the Federal Government. ## All Rights Reserved. No reproduction or distribution without written permission from TheWeekInCongress.com.
MORE INFORMATION
The report from the Subcommittee on Crime, Terrorism, and Homeland Security explained the need for the bill, ‘The issue of `video voyeurism' is becoming a greater privacy concern. The development of small, concealed cameras and cell phone cameras, along with the instantaneous distribution capabilities of the Internet, have combined to create a threat to the privacy of unsuspecting adults, high school students, and children. There have been a number of instances across the country where individuals have been subjected to a violation of their privacy, only to find it compounded when the pictures or photographs find their way to the Internet. While more states have enacted laws in recent years, there are still great gaps in privacy protection.
Assisted by this miniaturized technology, voyeurs have found their way to high school locker rooms, department store dressing rooms, and even homes. One of the more publicized cases involved Susan Wilson of Monroe, Louisiana. She made a startling discovery when she traced camera equipment installed in her attic to small holes in ceilings throughout her house. A neighbor had been secretly watching her and her family for months. At the time of this incident, Louisiana had not yet made this invasive act illegal.
Although many states since have passed laws to target video voyeurism to protect those in a private area out of public view (including restrooms, locker rooms, and private dwellings), there are fewer protections for individuals who may be photographed in compromising positions in public places. The terms `upskirting' and `downblousing' refer to forms of voyeurism that are appearing with increasing frequency. ## All Rights Reserved. No reproduction or distribution without written permission from TheWeekInCongress.com.