18 U.S.C. § 1801

Video voyeurism

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(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.(Added Pub. L. 108–495, § 2(a), Dec. 23, 2004, 118 Stat. 3999.)Statutory Notes and Related SubsidiariesShort Title of 2004 Amendment

Pub. L. 108–495, § 1, Dec. 23, 2004, 118 Stat. 3999, provided that: “This Act [enacting this chapter] may be cited as the ‘Video Voyeurism Prevention Act of 2004’.”

Notes of Decisions

Cited in 52 cases (16 in the last 5 years), 1995–2026 · leading case: Coleman v. State, 416 P.3d 238 (Nev. 2018).

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Coleman v. State, 416 P.3d 238 (Nev. 2018). · cites it 6× “604(8) from 18 U.S.C. § 1801 (2006), the Video Voyeurism Prevention Act of 2004.”

Elec. Privacy Info. Ctr. v. United States Dep't of Homeland Sec., 653 F.3d 1 (D.C. Cir. 2011). · cites it 2× “Statutory Claims The petitioners argue first that capturing images of passengers is unlawful under the Video Voyeurism Prevention Act, 18 U.S.C. § 1801 , a claim the TSA urges should be dismissed because it was not raised before the agency.”

United States v. Charles Hillie, 39 F.4th 674 (D.C. Cir. 2021). · cites it 2× “See 18 U.S.C. § 1801 ; D.C. Code § 22-3531 . And we see no barrier to imposition of enhanced 19 penalties when the victim is a minor.”

United States v. Anthony Helton, 944 F.3d 198 (4th Cir. 2019). · cites it 3× “Put another way, Congress knew how to incorporate 18 U.S.C. § 1801 into the definitional provision of SORNA, but chose not to do so in subsection (5)(A)(iii).”

Gary v. the State, 790 S.E.2d 150 (Ga. Ct. App. 2016). · cites it 2× “]” 18 USCA §1801 (West) (the “Video Voyeurism Act”).”

United States v. Wells, 843 F.3d 1251 (10th Cir. 2016). “He is correct that 18 U.S.C. § 1801 (a) criminalizes the “intent to capture an image of a private area of an individual without their consent, and knowingly do[ing] so under circumstances in which the individual has a reasonable expectation of privacy.”

United States v. Dodge, 597 F.3d 1347 (11th Cir. 2010). “Notably, § 16911(7) includes as a “specified offense against a minor” video voyeurism as described in 18 U.S.C. § 1801 . If Congress intended that 42 *1353 U.”

United States v. Mi Kyung Byun, 539 F.3d 982 (9th Cir. 2008). “(F) Video voyeurism as described in [ 18 U.S.C. § 1801 ], (G) Possession, production, or distribution of child pornography.”

United States v. Johnson, 719 F. Supp. 2d 1059 (W.D. Mo. 2010). · cites it 3× “This statement is based on a reference by analogy to 18 U.S.C. § 1801 , the crime of Video Voyeurism, which is described in 42 U.”

Commonwealth of the N. Mariana Islands v. United States, 279 F.3d 1070 (9th Cir. 2002). “The text of the Covenant may be found in the notes following 18 U.S.C. § 1801 . It is contained in Pub.”

Ex Parte Nyabwa, 366 S.W.3d 719 (Tex. App. 2011). “18 U.S.C. § 1801 (2004) (criminalizing photography by one who “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”); Ark.”

People v. Diaz, 2017 NY Slip Op 2915 (N.Y. App. Div. 2017). “(F) Video voyeurism as described in section 1801 of Title 18 [ 18 USC § 1801 ]. (G) Possession, production, or distribution of child pornography.”

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— 18 U.S.C. § 1801(1) — 2 cases

Coleman (solomon) Vs. State, 2018 NV 28 (Nev. 2018).

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