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Video Voyeurism Prevention Act of 2004

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Citation Edit

Video Voyeurism Prevention Act of 2004, Pub. L. No 108-495, codified at 18 U.S.C. §1801 (full-text).

Overview Edit

The Act makes it a misdemeanor — "in the special maritime and territorial jurisdiction of the United States," as that phrase is defined at 18 U.S.C. §7 — for a person, having "the intent to capture an image[1] of a private area[2] of an individual without their consent . . . knowingly [to do] so under circumstances in which the individual has a reasonable expectation of privacy."[3]

References Edit

  1. To "capture" {with respect to an image( means "to videotape, photograph, film, record by any means, or broadcast," with "broadcast" meaning "electronically transmit." Id.
  2. A "private area" refers to "naked or undergarment clad genitals, pubic area, buttocks, or female breast [below the top of the areola]." Id.
  3. The phrase "under circumstances in which the individual has a reasonable expectation of privacy" means "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 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." Id.

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