§ 1801. Video voyeurism

• (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.