Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.
(b) In this section—
the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;
(5) the term “under circumstances in which that individual has a reasonable expectation of privacy” means—
circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or
circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.
This section does not prohibit any lawful law enforcement, correctional, or intelligence activity.