Sue VOYEURS Act

Bill Number

H.R. 1204

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Law

Status

Introduced

Latest Action

2025-02-11: Referred to the House Committee on the Judiciary.

Last Updated

2026-01-23T18:33:55Z

AI-Generated Summary

Purpose

The Sue VOYEURS Act (H.R. 1204) aims to create a federal civil right of action for individuals whose intimate images—such as private body parts or sexually explicit acts—are captured without their consent in situations where they reasonably expect privacy. It seeks to provide victims with legal tools to seek damages and stop further harm, building on existing federal laws against non-consensual intimate imagery.

Key Provisions

• Civil Lawsuit Rights: Victims can sue in federal court anyone who knowingly or recklessly captures their intimate visual depiction without consent, in private settings (e.g., where a person believes they can undress without being recorded). This applies if the act involves interstate commerce, such as using devices or communications that cross state lines, or occurs in U.S. territories.
• Relief Available:
• Actual damages (real financial losses) or liquidated damages of $150,000 per captured image.
• Court costs, including reasonable attorney fees.
• Equitable remedies like injunctions (court orders) to stop the sharing or display of the images, including temporary or permanent bans.
• Courts can allow plaintiffs to use pseudonyms to protect their anonymity.
• Representation for Vulnerable Individuals: Parents, guardians, family members, or court-appointed representatives can file suits on behalf of minors (under 18), those who are mentally incompetent, incapacitated, or deceased. Defendants cannot serve in these roles.
• Exceptions: No lawsuits allowed against law enforcement officers or agencies acting under a valid court warrant for surveillance.
• Definitions (key terms explained for clarity):
• Intimate visual depiction: Photos, videos, or recordings showing naked or underwear-covered private areas (genitals, pubic area, anus, buttocks, or female nipple), sexual fluids, or sexually explicit acts (e.g., sexual intercourse or masturbation, as defined in federal law).
• Capture: Taking a photo, video, filming, recording, or broadcasting an image.
• Consent: Clear, voluntary agreement without force, trickery, or pressure.
• Reasonable expectation of privacy: Situations where a typical person would feel safe from being seen or recorded in private, even in semi-public places if not openly exposed.

Significant Changes to Existing Law

This bill amends Title XIII of Division W of the Consolidated Appropriations Act, 2022 (which addresses violence against women, including non-consensual sharing of intimate images), by adding a new section (1309A). It shifts focus from criminal penalties to civil remedies, allowing private lawsuits for the capture of images (not just their distribution). Previously, federal law emphasized criminal prosecution for sharing or distributing such images, but this introduces direct civil accountability for the initial recording act, filling a gap in victim recourse. It also ties jurisdiction explicitly to interstate commerce, enabling federal courts to hear cases that might otherwise be limited to state laws.

Potential Impacts

• On Government Agencies: Federal courts may see an increase in privacy-related civil cases, potentially straining resources but clarifying boundaries for law enforcement (e.g., warrant requirements protect official surveillance). No direct funding or operational changes for agencies.
• On Citizens: Empowers victims—especially women and vulnerable groups—to pursue justice without relying solely on criminal charges, which can be hard to prove. It may deter voyeuristic behavior (e.g., hidden cameras or upskirting) by imposing financial risks on offenders. However, it could lead to more litigation if broadly interpreted.
• On International Relations: Minimal impact, as the law focuses on U.S. jurisdiction and interstate/foreign commerce elements, but it could influence how U.S. tech companies handle global content moderation for intimate images.

Main Stakeholders Affected

• Victims: Individuals (primarily those experiencing privacy invasions like non-consensual recordings in bathrooms, bedrooms, or changing areas) who gain new federal tools for redress.
• Perpetrators/Defendants: People who capture images without consent, facing potential high financial penalties and court orders.
• Legal and Judicial System: Federal courts, attorneys, and guardians who will handle these cases, including anonymity protections.
• Law Enforcement: Agencies protected from suits when following legal procedures, but potentially involved in supporting civil investigations.

Notable Legal, Constitutional, or Political Implications

• Legal Implications: Strengthens federal privacy protections under commerce clause authority (Article I, Section 8 of the Constitution), allowing nationwide consistency beyond varying state laws on voyeurism. It complements criminal statutes (e.g., 18 U.S.C. § 1801 on video voyeurism) by adding civil options, potentially increasing enforcement through private actions.
• Constitutional Implications: Upholds Fourth Amendment privacy rights by requiring reasonable expectations of privacy and excluding lawful government actions, avoiding conflicts with search-and-seizure rules. However, broad "interstate commerce" hooks could raise debates on federal overreach into personal conduct.
• Political Implications: Addresses rising concerns over digital privacy violations in the era of smartphones and social media, signaling bipartisan support for victim rights (introduced by Rep. Mace). It may spur related reforms, like expanding definitions of "intimate" content, but could face opposition over litigation burdens or free speech concerns if images involve public spaces.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Mace, Nancy [R-SC-1]

Recent Actions

• 2025-02-11: Referred to the House Committee on the Judiciary.
• 2025-02-11: Introduced in House
• 2025-02-11: Introduced in House

Bill Versions

• Sue Victimizers and Offenders who Yield Explicit Unconsented Recordings Surreptitiously Act — issued 2025-02-11 — PDF (8 pages)