(Current through PL 111-40, Approved 07/01/2009)

Federal Law


TITLE 18. CRIMES AND CRIMINAL PROCEDURE  
PART I. CRIMES  
CHAPTER 88. PRIVACY
18 USCS § 1801


§ 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
 

*** FROM THE ARKANSAS CODE REVISION COMMISSION THROUGH ***
*** NOVEMBER 19, 2009 ***
Title 5  Criminal Offenses  
Subtitle 2.  Offenses Against The Person  
Chapter 16  Voyeurism Offenses


 
Go to the Arkansas Code Archive Directory

A.C.A. § 5-16-101  (2009)

5-16-101.  Crime of video voyeurism.

  (a) It is unlawful to use any camera, videotape, photo-optical, photoelectric, or any other image recording device for the purpose of secretly observing, viewing, photographing, filming, or videotaping a person present in a residence, place of business, school, or other structure, or any room or particular location within that structure, if that person:

   (1) Is in a private area out of public view;

   (2) Has a reasonable expectation of privacy; and

   (3) Has not consented to the observation.

(b) It is unlawful to knowingly use a camcorder, motion picture camera, photographic camera of any type, or other equipment that is concealed or disguised to secretly or surreptitiously videotape, film, photograph, record, or view by electronic means a person:

   (1) For the purpose of viewing any portion of the person's body that is covered with clothing and for which the person has a reasonable expectation of privacy;

   (2) Without the knowledge or consent of the person being videotaped, filmed, photographed, recorded, or viewed by electronic means; and

   (3) Under circumstances in which the person being videotaped, filmed, photographed, recorded, or viewed by electronic means has a reasonable expectation of privacy.

(c)  (1) A violation of subsection (a) of this section is a Class D felony.

   (2)  (A) A violation of subsection (b) of this section is a Class B misdemeanor.

      (B) However, a violation of subsection (b) of this section is a Class A misdemeanor if:

         (i) The person who created the video recording, film, or photo obtained as described in subsection (b) distributed or transmitted it to another person; or

         (ii) The person who created the video recording, film, or photo obtained as described in subsection (b) posted it in a format accessible by another person via the Internet.

(d) The provisions of this section do not apply to any of the following:

   (1) Video recording or monitoring conducted under a court order from a court of competent jurisdiction;

   (2) Security monitoring operated by or at the direction of an occupant of a residence;

   (3) Security monitoring operated by or at the direction of the owner or administrator of a place of business, school, or other structure;

   (4) Security monitoring operated in a motor vehicle used for public transit;

   (5) Security monitoring and observation associated with a correctional facility, regardless of the location of the monitoring equipment;

   (6) Video recording or monitoring conducted by a law enforcement officer within the official scope of his or her duty; or

   (7) Videotaping under § 12-18-615(b).


 

 

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