text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Personal Privacy Protection Act''.
  
  SEC. 2. FINDINGS AND PURPOSES.
  
      (a) Findings.--Congress makes the following findings:
              (1) Individuals and their families have been harassed and 
          endangered by being persistently followed or chased in a manner 
          that puts them in reasonable fear of bodily injury, and in 
          danger of serious bodily injury or even death, by 
          photographers, videographers, and audio recorders attempting to 
          capture images or other reproductions of their private lives 
          for commercial purposes.
              (2) The legitimate privacy interests of individuals and 
          their families have been violated by photographers, 
          videographers, and audio recorders who physically trespass in 
          order to capture images or other reproductions of their private 
          lives for commercial purposes, or who do so constructively 
          through intrusive modern visual or auditory enhancement 
          devices, such as powerful telephoto lenses and hyperbolic 
          microphones that enable invasion of private areas that would 
          otherwise be impossible without trespassing.
              (3) Such harassment and trespass threatens not only 
          professional public persons and their families, but also 
          private persons and their families for whom personal tragedies 
          or circumstances beyond their control create media interest.
              (4) Federal legislation is necessary to protect individuals 
          and their families from persistent following or chasing for 
          commercial purposes that causes reasonable fear of bodily 
          injury, because such harassment is not directly regulated by 
          applicable Federal, State, and local statutory or common laws, 
          because those laws provide an uneven patchwork of coverage, and 
          because those laws may not cover such activities when 
          undertaken for commercial purposes.
              (5) Federal legislation is necessary to prohibit and 
          provide proper redress in Federal courts for trespass and 
          constructive trespass using intrusive visual or auditory 
          enhancement devices for commercial purposes, because 
          technological advances such as telephoto lenses and hyperbolic 
          microphones render inadequate existing common law and State and 
          local regulation of such trespass and invasion of privacy.
              (6) There is no right, under the first amendment to the 
          Constitution of the United States, to persistently follow or 
          chase another in a manner that creates a reasonable fear of 
          bodily injury, to trespass, or to constructively trespass 
          through the use of intrusive visual or auditory enhancement 
          devices.
              (7) This Act, and the amendments made by this Act, do not 
          in any way regulate, prohibit, or create liability for 
          publication or broadcast of any image or information, but 
          rather use narrowly tailored means to prohibit and create 
          liability for specific dangerous and intrusive activities that 
          the Federal Government has an important interest in preventing, 
          and ensure a safe and secure private realm for individuals 
          against intrusion, which the Federal Government has an 
          important interest in ensuring.
              (8) This Act protects against unwarranted harassment, 
          endangerment, invasion of privacy, and trespass in an 
          appropriately narrowly tailored manner without abridging the 
          exercise of any rights guaranteed under the first amendment to 
          the Constitution of the United States, or any other provision 
          of law.
              (9) Congress has the affirmative power under section 8 of 
          article I of the Constitution of the United States to enact 
          this Act.
              (10) Because this Act regulates only conduct undertaken in 
          order to create products intended to be and routinely 
          transmitted, bought, or sold in interstate or foreign commerce, 
          or persons who travel in interstate or foreign commerce in 
          order to engage in regulated conduct, the Act is limited 
          properly to regulation of interstate or foreign commerce.
              (11) Photographs and other reproductions of the private 
          activities of persons obtained through activities regulated by 
          this Act, and the amendments made by this Act, are routinely 
          reproduced and broadcast in interstate and international 
          commerce.
              (12) Photographers, videographers, and audio recorders 
          routinely travel in interstate commerce in order to engage in 
          the activities regulated by this Act, and the amendments made 
          by this Act, with the intent, expectation, and routine result 
          of gaining material that is bought and sold in interstate 
          commerce.
              (13) The activities regulated by this Act, and the 
          amendments made by this Act, occur routinely in the channels of 
          interstate commerce, such as the persistent following or 
          chasing of subjects in an inappropriate manner on public 
          streets and thoroughfares or in airports, and the use of public 
          streets and thoroughfares, interstate and international 
          airports, and travel in interstate and international waters in 
          order to physically or constructively trespass for commercial 
          purposes.
              (14) The activities regulated by this Act, and the 
          amendments made by this Act, substantially affect interstate 
          commerce by threatening the careers, livelihoods, and rights to 
          publicity of professional public persons in the national and 
          international media, and by thrusting private persons into the 
  national and international media.
              (15) The activities regulated by this Act, and the 
          amendments made by this Act, substantially affect interstate 
          commerce by restricting the movement of persons who are 
          targeted by such activities and their families, often forcing 
          them to curtail travel or appearances in public spaces, or, 
          conversely, forcing them to travel in interstate commerce in 
          order to escape from abuses regulated by this Act, and the 
          amendments made by this Act.
      (b) Purposes.--The purposes of this Act are--
              (1) to protect individuals and their families against 
          reasonable fear of bodily injury, endangerment, trespass, and 
          intrusions on their privacy due to activities undertaken in 
          connection with interstate and international commerce in 
          reproduction and broadcast of their private activities;
              (2) to protect interstate commerce affected by such 
          activities, including the interstate commerce of individuals 
          who are the subject of such activities; and
              (3) to establish the right of private parties injured by 
          such activities, as well as the Attorney General of the United 
          States and State attorneys general in appropriate cases, to 
          bring actions for appropriate relief.
  
  SEC. 3. CRIMINAL OFFENSE.
  
      (a) In General.--Chapter 89 of title 18, United States Code, is 
  amended by adding at the end the following:
  ``Sec. 1822. Harassment for commercial purposes
      ``(a) Definitions.--In this section:
              ``(1) For commercial purposes.--
                      ``(A) In general.--The term `for commercial 
                  purposes' means with the expectation of sale, financial 
                  gain, or other consideration.
                      ``(B) Rule of construction.--For purposes of this 
                  section, a visual image, sound recording, or other 
                  physical impression shall not be found to have been, or 
                  intended to have been, captured for commercial purposes 
                  unless it was intended to be, or was in fact, sold, 
                  published, or transmitted in interstate or foreign 
                  commerce, or unless the person attempting to capture 
                  such image, recording, or impression moved in 
                  interstate or foreign commerce in order to capture such 
                  image, recording, or impression.
              ``(2) Harasses.--The term `harasses' means persistently 
          physically follows or chases a person in a manner that causes 
          the person to have a reasonable fear of bodily injury, in order 
          to capture by a visual or auditory recording instrument any 
          type of visual image, sound recording, or other physical 
          impression of the person for commercial purposes.
      ``(b) Prohibition and Penalties.--Whoever harasses any person 
  within the United States or the special maritime and territorial 
  jurisdiction of the United States--
              ``(1) if death is proximately caused by such harassment, 
          shall be imprisoned not less than 20 years and fined under this 
          title;
              ``(2) if serious bodily injury is proximately caused by 
          such harassment, shall be imprisoned not less than 5 years and 
          fined under this title; and
              ``(3) if neither death nor serious bodily injury is 
          proximately caused by such harassment, shall be imprisoned not 
          more than 1 year, fined under this title, or both.
      ``(c) Cause of Action.--Any person who is legally present in the 
  United States and who is subjected to a violation of this section may, 
  in a civil action against the person engaging in the violation, obtain 
  any appropriate relief, including compensatory damages, punitive 
  damages, and injunctive and declaratory relief. In any civil action or 
  proceeding to enforce a provision of this section, the court shall 
  allow the prevailing party reasonable attorney's fees as part of the 
  costs. In awarding attorney's fees, the court shall include expert fees 
  as part of the attorney's fees.
      ``(d) Limitation on Defenses.--It is not a defense to a prosecution 
  or civil action under this section that--
              ``(1) no image or recording was captured; or
              ``(2) no image or recording was sold.
      ``(e) Use of Images.--Nothing in this section may be construed to 
  make the sale, transmission, publication, broadcast, or use of any 
  image or recording of the type or under the circumstances described in 
  this section in any otherwise lawful manner by any person subject to 
  criminal charge or civil liability.
      ``(f) Limitation.--Only a person physically present at the time of, 
  and engaging or assisting another in engaging in, a violation of this 
  section is subject to criminal charge or civil liability under this 
  section. A person shall not be subject to such charge or liability by 
  reason of the conduct of an agent, employee, or contractor of that 
  person or because images or recordings captured in violation of this 
  section were solicited, bought, used, or sold by that person.
      ``(g) Law Enforcement Exemption.--The prohibitions of this section 
  do not apply with respect to official law enforcement activities.
      ``(h) Savings.--Nothing in this section shall be taken to preempt 
  any right or remedy otherwise available under Federal, State or local 
  law.''.
      (b) Technical Amendment.--The analysis for chapter 89 of title 18, 
  United States Code, is amended by adding at the end the following:
  
  ``1822. Harassment for commercial purposes.''.
  
  SEC. 4. PERSONAL INTRUSION FOR COMMERCIAL PURPOSES.
  
      (a) Definition of For Commercial Purposes.--
              (1) In general.--In this section, the term `for commercial 
          purposes' means with the expectation of sale, financial gain, 
          or other consideration.
              (2) Rule of construction.--For purposes of this section, a 
          visual image, sound recording, or other physical impression 
          shall not be found to have been, or intended to have been, 
          captured for commercial purposes unless it was intended to be, 
          or was in fact, sold, published, or transmitted in interstate 
          or foreign commerce, or unless the person attempting to capture 
          such image, recording, or impression moved in interstate or 
          foreign commerce in order to capture such image, recording, or 
          impression.
      (b) Trespass for Commercial Purposes and Invasion of Legitimate 
  Interest in Privacy for Commercial Purposes.--
              (1) Trespass for commercial purposes.--It shall be unlawful 
          to trespass on private property in order to capture any type of 
          visual image, sound recording, or other physical impression of 
          any person for commercial purposes.
              (2) Invasion of legitimate interest in privacy for 
          commercial purposes.--It shall be unlawful to capture any type 
          of visual image, sound recording, or other physical impression 
          for commercial purposes of a personal or familial activity 
          through the use of a visual or auditory enhancement device, 
          even if no physical trespass has occurred, if--
                      (A) the subject of the image, sound recording, or 
                  other physical impression has a reasonable expectation 
                  of privacy with respect to the personal or familial 
                  activity captured; and
                      (B) the image, sound recording, or other physical 
                  impression could not have been captured without a 
                  trespass if not produced by the use of the enhancement 
                  device.
      (c) Cause of Action.--Any person who is legally present in the 
  United States who is subjected to a violation of this section may, in a 
  civil action against the person engaging in the violation, obtain any 
  appropriate relief, including compensatory damages, punitive damages 
  and injunctive and declaratory relief. A person obtaining relief may be 
  either or both the owner of the property or the person whose visual or 
  auditory impression has been captured. In any civil action or 
  proceeding to enforce a provision of this section, the court shall 
  allow the prevailing party reasonable attorney's fees as part of the 
  costs. In awarding attorney's fees, the court shall include expert fees 
  as part of the attorney's fees.
      (d) Limitation on Defenses.--It is not a defense to an action under 
  this section that--
              (1) no image or recording was captured; or
              (2) no image or recording was sold.
      (e) Use of Images.--Nothing in this section may be construed to 
  make the sale, transmission, publication, broadcast, or use of any 
  image or recording of the type or under the circumstances described 
  herein in any otherwise lawful manner by any person subject to criminal 
  charge or civil liability.
      (f) Limitation.--Only a person physically present at the time of, 
  and engaging or assisting another in engaging in, a violation of this 
  section is subject to civil liability under this section. A person 
  shall not be subject to such liability by reason of the conduct of an 
  agent, employee, or contractor of that person, or because images or 
  recordings captured in violation of this section were solicited, 
  bought, used, or sold by that person.
      (g) Law Enforcement Exemption.--The prohibitions of this section do 
  not apply with respect to official law enforcement activities.
      (h) Savings.--Nothing in this section shall be taken to preempt any 
  right or remedy otherwise available under Federal, State, or local law.
  
  SEC. 5. SEVERABILITY.
  
      If any provision of this Act, an amendment made by this Act, or the 
  application of such provision or amendment to any person or 
  circumstance is held to be unconstitutional, the remainder of this Act, 
  the amendments made by this Act, and the application of the provisions 
  of such to any person or circumstance shall not be affected thereby.
target: Personal Privacy Protection Act - Amends the Federal criminal code to prohibit and set penalties for harassing any person within the United States or the U.S. special maritime and territorial jurisdiction. 
  Defines "harass" to mean persistently physically following or chasing a person in a manner that causes such person to have a reasonable fear of bodily injury, in order to capture by a visual or auditory recording instrument any type of visual image, sound recording, or other physical impression of the person for commercial purposes. 
  Prohibits:  (1) trespassing on private property in order to capture any type of visual image, sound recording, or other physical impression of any person for commercial purposes; and (2) capturing any such image, recording, or impression of a personal or familial activity through the use of a visual or auditory enhancement device, even if no physical trespass has occurred, if the subject has a reasonable expectation of privacy with respect to the activity captured and if the image, recording, or impression could not have been captured without a trespass if not produced by the use of the enhancement device. 
  Authorizes any person who is legally present in the United States and who is subjected to a violation of this Act to bring a civil action to obtain compensatory and punitive damages and injunctive and declaratory relief.  Directs the court to allow the prevailing party reasonable attorney's fees, including expert fees. 
  Specifies that:  (1) it shall not be a defense to a prosecution or civil action that no image or recording was captured or sold; and (2) only a person physically present at the time of, and engaging or assisting another in engaging in, a violation is subject to criminal charge or civil liability under this Act. 
  Makes this Act's prohibitions inapplicable to official law enforcement activities.
feat_title: Personal Privacy Protection Act