"Video voyeurism is something that has been in the news a lot lately, in part due to the improper use of camera cell phones that have become so popular," said bill sponsor Michael Oxley of Ohio. "For the victim, it's embarrassing and degrading to be photographed in a compromised position. It's an invasion of personal privacy."
The proposed Video Voyeurism Prevention Act is brief. It states:
"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."
It goes on to define "a private area of the individual" and describes the "circumstances in which that individual has a reasonable expectation of privacy" as:
"(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."
According to Oxley, the measure is also intended to serve as a model for states that either have not enacted, or may want to strengthen, their own laws against video voyeurism in response to recurring "up-skirt" photography stories in the media detailing the abuse of small cameras in gyms, dressing rooms and homes.
A similar bill championed by Senator Mike DeWine, also of Ohio, passed the Senate last year. According to the Associated Press, Republican Congressman, James Sensenbrenner, chairman of the Judiciary Committee, expects that the Senate will agree to the minor amendments made by Congress.
The bill will then go forward for approval by the President.