Sue VOYEURS Act

This bill, known as the "Sue VOYEURS Act," establishes a new federal civil right of action for individuals who are victims of video voyeurism. It allows a person whose intimate visual depiction is captured without their consent , and where they have a reasonable expectation of privacy , to sue the responsible party in federal court. To bring a claim, the capturer must have known or recklessly disregarded the individual's lack of consent, and the conduct must involve interstate or foreign commerce. Victims can recover either actual damages or liquidated damages of $150,000 for each intimate visual depiction, along with attorney's fees and litigation costs. Courts may also issue equitable relief , such as injunctions, to prevent the display or disclosure of the images, and can allow plaintiffs to use a pseudonym to maintain anonymity. The legislation defines an "intimate visual depiction" as a visual image showing a naked or undergarment-clad private area, bodily sexual fluids, or sexually explicit conduct, including certain depictions made in public if consent was absent. A "reasonable expectation of privacy" exists when a person believes they can disrobe privately or that a private area would not be publicly visible. The bill explicitly exempts actions by law enforcement officers or agencies conducting surveillance under a lawfully issued warrant, and allows legal guardians or representatives to act on behalf of minors or incapacitated individuals.