Video Voyeurism

Video Voyeurism - 18 U.S. Code § 1801

Suppose you capture images or video footage of someone's private areas without consent. In that case, it's a crime known as video voyeurism.

Continued technological advances have made capturing videos and photos simple and affordable but have also made video voyeurism more prevalent. In most cases, defendants are prosecuted under state laws where the alleged act occurred. However, some cases might be outside of a state's jurisdiction.

18 U.S.C. 1801 video voyeurism law prohibits capturing an image of someone's private parts.

When video voyeurism occurs on federal land, at sea, or in any other federally controlled location, it becomes a federal crime, which is aggressively prosecuted.

The federal government also has strict laws in place protecting its citizens against video voyeurism in federally controlled areas outside state boundaries, including on the high seas and other places not contained in any country.

A federal video voyeurism conviction can result in hefty fines and up to a year in federal prison. If you've been charged with video voyeurism, you must seek the advice of a federal criminal defense attorney right away.

Under 18 U.S. Code Chapter 88, Privacy, Title 18 U.S.C. 1801, it's a federal offense to commit video voyeurism. Simply put, the video voyeurism law makes it a federal offense to knowingly and intentionally take an image of a private area of somebody without their consent under circumstances when they have a reasonable expectation of privacy.

18 U.S.C. 1801 was codified by the Video Voyeurism Prevention Act of 2004. Congress passed this law to address privacy issues from new technology, such as the popularity of cell phone cameras and small video devices that can capture images without someone's knowledge of being filmed.

There were also concerns about the illegal practice of capturing "upskirting" and "downblousing" images of unsuspecting women and sharing them on the Internet.

The federal video voyeurism law is straightforward. It prohibits capturing images of an unsuspecting person who is nude or partially nude without their consent and when they have a reasonable expectation of privacy. 18 U.S.C. 2261A makes federal stalking and cyberstalking electronically a federal offense.

What Does the Law Say?

18 U.S. Code 1801 - Video voyeurism says,

(a) Whoever, in the special maritime and territorial jurisdiction of the United States, intends to capture an image of an individual's private area 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," concerning an image, means to videotape, photograph, film, record by any means, or broadcast.

(2) The term "broadcast" means electronically transmitting a visual image with the intent that a person or persons view it.

(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 they 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 an individual's private area would not be visible to the public, regardless of whether that person is in a public or private place.

Video Voyeurism - Quick Facts

Anyone who knowingly violates someone's privacy by recording them in a private place without their consent when they have a reasonable expectation of privacy can be charged with video voyeurism.
The federal video voyeurism laws can be violated using any means to capture images or recordings of someone's intimate areas, whether it's hidden cameras, drones, or other devices.
This federal law is specifically designed to cover areas outside the jurisdiction of individual states, such as the special maritime and territorial jurisdiction of the United States.
Federal territories include national parks, airports, Veterans Administration buildings, military bases, and federal courtrooms.
This law prohibits not only the capturing of an image of someone's private parts without their consent but merely "having the intent" to do so.
Video voyeurism is a misdemeanor federal offense that carries up to one year in federal prison and up to $100,000 in fines if convicted.

What are the Key Legal Definitions?

Some of the critical legal definitions are essential to understanding this federal law, such as the following:

To "capture" means videotaping, recording, filming, photographing, or broadcasting the image.
A "private area" of someone means their genitalia, naked or clothed with undergarments, buttocks, pubic area, or any part of the female breast below the top of the areola.
Areas where someone has a "reasonable expectation of privacy" mean circumstances where a reasonable person would believe they could disrobe without being seen, such as in a hotel or dressing room, etc.). It also includes a situation in public or private where someone reasonably believes their private areas can't or won't be seen.

What Must Be Proven to Convict?

For the federal prosecutor to convict you of violating 18 U.S.C. 1801, they must prove all the elements of the crime beyond a reasonable doubt, such as:

You captured, attempted, or intended to capture a photo or video of someone's private parts.
The victim had a reasonable expectation of privacy.
The crime occurred within the maritime and territorial jurisdiction of the United States.
You did not have that person's consent.

What is Federal Jurisdiction?

18 U.S.C. 1801 applies to the "special maritime and territorial jurisdiction of the United States," including various locations, such as the following:

Federal properties, such as lands owned by, leased to, or used by the U.S. government, regardless of geographic location.
Military bases and installations or any area under the control of the U.S. armed forces, whether within the U.S. or abroad.
Ships or aircraft registered under U.S. law, whether within the U.S., on the high seas, or in any other undetermined location.
National parks and forests, which are protected areas of U.S. jurisdiction.
Indian reservations, which are trust lands in this jurisdiction.
Foreign embassies and consulates are diplomatic premises considered part of U.S. territory.
Guam, Puerto Rico, the Virgin Islands, and any other territory or possession under U.S. sovereignty.

What Are the Legal Defenses?

If you were accused of video voyeurism, an experienced federal criminal defense attorney can use various strategies to fight the case, such as those discussed below. :

Perhaps we can argue that you had no intention of capturing an image of the victim's private areas. In other words, the captured image is accidental or incidental.

Perhaps the person in the image consented to be recorded or photographed. The location where the image was captured differed from where someone would reasonably expect privacy. It could have occurred in public spaces or semi-public locations like parties at private residences.

Perhaps the federal prosecutor's criminal case is weak, and we can negotiate a reduced charge or even a case dismissal if we can persuade them that there could be insufficient evidence to obtain a conviction. For more information, contact our federal criminal defense law firm, Cron, Israels & Stark, in Los Angeles, California.

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