Sue VOYEURS Act

The Sue VOYEURS Act would create a federal civil right of action for people whose intimate visual depictions were captured without their consent under circumstances where they reasonably expect privacy. The action targets the person who captured the image, proving that they knew or recklessly disregarded the lack of consent, and that the capture occurred in a context with interstate or foreign commerce involvement. If established, plaintiffs could recover actual damages or a mandatory liquidated damages amount of $150,000 per depiction, plus court costs and attorneys’ fees, and courts could grant injunctive relief to stop ongoing display or disclosure. The bill also allows for anonymity for plaintiffs and provides guardians or representatives to sue on behalf of minors, the incapacitated, or deceased individuals, with certain protections about naming guardians in the action. There is an explicit exception for actions involving law enforcement officers or agencies acting under a lawfully issued warrant, meaning those actions cannot be the subject of this civil action. The statute relies on a broad interstate commerce hook and defines key terms (e.g., “intimate visual depiction,” “consent,” “private area,” and “broadcast”) to cover videography, photography, or other forms of capture and any subsequent distribution. In short, the bill creates a federal, private right of action to deter and provide redress for non-consensual capturing and dissemination of intimate images, with substantial damages possible per image and a focus on preserving victim anonymity when desired.