# § 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.
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**Source Credit**: (Added Pub. L. 108–495, § 2(a), Dec. 23, 2004, 118 Stat. 3999.)
## Statutory Notes and Related Subsidiaries
### Short Title of 2004 Amendment
> “This Act [enacting this chapter] may be cited as the ‘Video Voyeurism Prevention Act of 2004’.”
, , , provided that: