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:

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.