119-hr1204

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1204 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1204

To authorize a civil right of action for individuals affected by video 
 voyeurism, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 11, 2025

 Ms. Mace introduced the following bill; which was referred to the 
 Committee on the Judiciary

_______________________________________________________________________

 A BILL

To authorize a civil right of action for individuals affected by video 
 voyeurism, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Sue Victimizers and Offenders who 
Yield Explicit Unconsented Recordings Surreptitiously Act'' or the 
``Sue VOYEURS Act''.

SEC. 2. INTIMATE VISUAL DEPICTIONS.

 Title XIII of division W of the Consolidated Appropriations Act, 
2022, is amended by inserting after 

section 1309 the following:

``

SEC. 1309A. CIVIL ACTION RELATING TO CAPTURE OF INTIMATE IMAGES.

 ``

    (a) Civil Action.--
 ``

    (1) Right of action.--
 ``
        (A) In general.--Except as provided in paragraph

    (3) , an individual whose intimate visual depiction is 
 captured, in a circumstance described in paragraph

    (4) , 
 without the consent of the individual, where such 
 capture is done by a person who knows that, or 
 recklessly disregards whether, the individual has not 
 consented to the capture, and does so under 
 circumstances in which the individual has a reasonable 
 expectation of privacy, may bring a civil action 
 against that person in an appropriate district court of 
 the United States for relief as set forth in paragraph

    (2) .
 ``
        (B) Rights on behalf of certain individuals.--In 
 the case of an individual who is under 18 years of age, 
 incompetent, incapacitated, or deceased, the legal 
 guardian of the individual or representative of the 
 individual's estate, another family member, or any 
 other person appointed as suitable by the court, may 
 assume the individual's rights under this section, but 
 in no event shall the defendant be named as such 
 representative or guardian.
 ``

    (2) Relief.--
 ``
        (A) In general.--In a civil action filed under 
 this section--
 ``
            (i) an individual may recover the actual 
 damages sustained by the individual or 
 liquidated damages in the amount of $150,000 
 for each intimate visual depiction captured of 
 the individual, and the cost of the action, 
 including reasonable attorney's fees and other 
 litigation costs reasonably incurred; and
 ``
            (ii) the court may, in addition to any 
 other relief available at law, order equitable 
 relief, including a temporary restraining 
 order, a preliminary injunction, or a permanent 
 injunction ordering the defendant to cease 
 display or disclosure of the visual depiction.
 ``
        (B) Preservation of anonymity.--In ordering 
 relief under subparagraph
        (A) , the court may grant 
 injunctive relief maintaining the confidentiality of a 
 plaintiff using a pseudonym.
 ``

    (3) Exception.--An individual may not bring an action for 
 relief under this section relating to the actions of a law 
 enforcement officer or agency, conducting surveillance pursuant 
 to a lawfully issued warrant.
 ``

    (4) Circumstance described.--For the purposes of 
 paragraph

    (1) , the circumstances described in this paragraph 
 are that--
 ``
        (A) the individual traveled in interstate or 
 foreign commerce, or traveled using a means, channel, 
 facility, or instrumentality of interstate or foreign 
 commerce, in furtherance of or in connection with the 
 conduct described in paragraph

    (1) ;
 ``
        (B) the individual used a means, channel, 
 facility, or instrumentality of interstate or foreign 
 commerce in furtherance of or in connection with the 
 conduct described in paragraph

    (1) ;
 ``
            (C) any payment of any kind was made, directly or 
 indirectly, in furtherance of or in connection with the 
 conduct described in paragraph

    (1) using any means, 
 channel, facility, or instrumentality of interstate or 
 foreign commerce or in or affecting interstate or 
 foreign commerce;
 ``
            (D) the individual transmitted in interstate or 
 foreign commerce any communication relating to or in 
 furtherance of the conduct described in paragraph

    (1) using any means, channel, facility, or instrumentality 
 of interstate or foreign commerce or in or affecting 
 interstate or foreign commerce by any means or in 
 manner, including by computer, mail, wire, or 
 electromagnetic transmission;
 ``
        (E) any equipment, item, or other object that has 
 traveled in interstate or foreign commerce was used to 
 perform the conduct described in paragraph

    (1) ;
 ``
        (F) the conduct described in paragraph

    (1) occurred within the special maritime and territorial 
 jurisdiction of the United States, or any territory or 
 possession of the United States; or
 ``
        (G) the conduct described in paragraph

    (1) otherwise occurred in or affected interstate or foreign 
 commerce.
 ``

    (b) 

=== Definitions. ===
-In this section:
 ``

    (1) Broadcast.--The term `broadcast' means to 
 electronically transmit a visual image with the intent that it 
 be viewed by a person or persons.
 ``

    (2) Capture.--The term `capture', with respect to an 
 image, means to videotape, photograph, film, record by any 
 means, or broadcast.
 ``

    (3) Consent.--The term `consent' means an affirmative, 
 conscious, competent, and voluntary authorization made by the 
 individual free from force, fraud, misrepresentation, or 
 coercion.
 ``

    (4) Intimate visual depiction.--The term `intimate visual 
 depiction'--
 ``
        (A) means a visual depiction, as that term is 
 defined in 

section 2256

    (5) of title 18, United States 
 Code, that depicts--
 ``
            (i) the naked or undergarment clad 
 private area of an individual; or
 ``
            (ii) the display or transfer of bodily 
 sexual fluids--
 ``
            (I) on to any part of the body of 
 an individual;
 ``
            (II) from the body of an 
 individual; or
 ``
            (iii) an individual engaging in sexually 
 explicit conduct; and
 ``
        (B) includes any visual depictions described in 
 subparagraph
        (A) produced while the individual was in a 
 public place only if the individual did not--
 ``
            (i) voluntarily display the content 
 depicted; or
 ``
            (ii) consent to the sexual conduct 
 depicted;
 ``

    (5) Private area.--The term `private area' means, with 
 respect to an individual, the genitals, pubic area, anus, 
 buttocks, or female nipple of that individual.
 ``

    (6) Sexually explicit conduct.--The term `sexually 
 explicit conduct' has the meaning given to the term in 
 subparagraph
        (A) of 

section 2256

    (2) of title 18, United States 
 Code.
 ``

    (7) Under circumstances in which that individual has a 
 reasonable expectation of privacy.--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.''.
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