Floor Statement: Video Voyeurism Prevention Act of 2003

FLOOR STATEMENT: VIDEO VOYEURISM PREVENTION ACT OF 2003

Mr. President, I rise today, along with Senator from New York, Senator SCHUMER, to introduce the "Video Voyeurism Prevention Act of 2003." Our legislation would criminalize the appalling practice of filming or photographing victims without their knowledge or consent under circumstances violating their privacy.

"Video voyeurism" encompasses what is referred to as "upskirting" or "downshirting." As the terms imply, this subset of video voyeurism involves the use of a tiny, undetectable camera to film up the skirt or down the shirt of an unsuspecting target, most often a woman. One of my constituents from Ohio became the victim of this shocking invasion of privacy while she was innocently enjoying a church festival with her sixteen-month old daughter. I would like to read you what she told the Cincinnati Enquirer newspaper in an article published on October 10, 2000:

"As I crouched down to put the baby in my stroller, I saw a video camera sticking out of his bag, taping up my dress.... It rocked my whole sense of security."

According to an ABCNEWS.com article that also published this story, this particular perpetrator had surreptitiously filmed a total of 13 women that day. Sadly, this is not an isolated event. The widespread availability of low-cost, high-resolution cameras has lead to an increase in the number of high-profile cases of "video-voyeurism" all over our country. Reports of women being secretly videotaped through their clothing at shopping malls, amusement parks, and other public places are far too common.

The impact of video voyeurism on its victims is greatly exacerbated by the Internet. As a result of Internet technology, the pictures that a voyeur captures can be disseminated to a worldwide audience in a matter of seconds. A state representative from Ohio, Representative Ed Jerse, stated it best when he told ABC News that, when a woman's picture is posted on the Web, her privacy "could be violated millions of times."

Fortunately, my home state of Ohio has enacted a law that specifically targets video voyeurism. But, Ohio is one of only a few states that have such a law. That means that in most areas around the country, victims of this practice are not only deprived of their security and their privacy, but are left without any recourse against their perpetrator. As the defense attorney for one video voyeur aptly observed, "the criminal law necessarily lags behind technology and human ingenuity."

Our "Video Voyeurism Prevention Act of 2003" seeks to close the gap in the law and ensure that video voyeurs will be punished for their acts. Our bill would make it a crime to videotape, photograph, film, or otherwise electronically record the naked or undergarment-clad genitals, pubic area, buttocks, or female breast of an individual, without that individual's consent. This bill would help ensure that when a person has a reasonable expectation that he or she will not be videoed, filmed, or photographed as I have just described, that expectation of privacy will be recognized in and protected by the law. Additionally, our bill would make certain that perpetrators of video voyeurism are punished, by imposing a sentence of a fine or imprisonment for up to one year.

Importantly, however, the mens rea requirements included in this bill guarantee that only those who are truly guilty of this crime will be punished. To be charged be charged with video voyeurism, an actor must intend to capture the prohibited image and must knowingly do so.

In closing, I strongly encourage my colleagues to support the "Video Voyeurism Prevention Act of 2003." This legislation would help safeguard the privacy we all take for granted and would help ensure that our criminal law reflects the realities of our rapidly changing technology.

Thank you, Mr. President. I ask unanimous consent that the text of our bill be printed at the conclusion of my remarks.