***BACK PAGE***
INVASION OF PERSONAL PRIVACY IN THE SECOND DEGREE
ORS 163.700 Invasion of Personal Privacy
(a)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without the consent of the person being recorded; and
(B) At the time the visual recording is made or recorded the person being recorded is in a place and circumstances where the person has a reasonable expectation of personal privacy; or
(b)(A) For the purpose of arousing or gratifying the sexual desire of the person, the person is in a location to observe another person in a state of nudity without the consent of the other person; and
(B) The other person is in a place and circumstances where the person has a reasonable expectation of personal privacy or
(c)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the person being recorded; and
(B) The person being recorded has a reasonable expectation of privacy concerning the intimate area.
(2) As used in this section:
(a) “Intimate area” means nudity, or undergarments that are being worn by a person and are covered by clothing.
(a) (b) “Makes or records a photograph, motion picture, videotape or other visual recording” includes, but is not limited to, making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.
[(b)] (c) “Nudity” means any part of the uncovered or less than opaquely covered:
(A) Genitals;
(B) Pubic area; or
(C) Female breast below a point immediately above the top of the areola.
[(c)] (d) “Places and circumstances where the person has a reasonable expectation of personal privacy” includes, but is not limited to, a bathroom, dressing room, locker room that includes an enclosed area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.
[(d)] (e) “Public view” means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as defined in ORS 161.015.
(f) “Reasonable expectation of privacy concerning the intimate area” means that the person intended to protect the intimate area from being seen and has not exposed the intimate area to public view.
(3) Invasion of personal privacy is a Class A misdemeanor.
(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the second degree if:
[(a)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without the consent of the person being recorded; and
[(B) At the time the visual recording is made or recorded the person being recorded is in a place and circumstances where the person has a reasonable expectation of personal privacy;
[(b)(A)] (a)(A) For the purpose of arousing or gratifying the sexual desire of the person, the person is in a location to observe another person in a state of nudity without the consent of the other person; and
(B) The other person is in a place and circumstances where the person has a reasonable expectation of personal privacy; or
[(c)(A)] (b)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the other person [being recorded; and
(B) The person being recorded has a reasonable expectation of privacy concerning the intimate area
(a) “Intimate area” means nudity, or undergarments that are being worn by a person and are covered by clothing.
(b) “Makes or records a photograph, motion picture, videotape or other visual recording” includes, but is not limited to, making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.
(c) “Nudity” means any part of the uncovered or less than opaquely covered:
(A) Genitals;
(B) Pubic area; or
(C) Female breast below a point immediately above the top of the areola.
(d) “Places and circumstances where the person has a reasonable expectation of personal privacy” includes, but is not limited to, a bathroom, dressing room, locker room that includes an enclosed area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.
(e) “Public view” means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as defined in ORS 161.015.
(f) “Reasonable expectation of privacy concerning the intimate area” means that the person in- tended to protect the intimate area from being seen and has not exposed the intimate area to public view.
(3) Invasion of personal privacy in the second degree is a Class A misdemeanor.
161.015 General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:
“Public place” means a place to which the general public has access and includes, but is not limited to, hallways, lobbies and other parts of apartment houses and hotels not constituting rooms or apartments designed for actual residence, and highways, streets, schools, places of amusement, parks, playgrounds and premises used in connection with public passenger transportation.
163.702 Exceptions to ORS 163.700. (1) The provisions of ORS 163.700 do not apply to:
(a) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical service for the purpose of medical diagnosis, treatment, education or research, including, but not limited to, the recording of medical procedures; and
(b) Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system, including but not limited to the operation and management of jails, prisons and other youth and adult corrections facilities.
(2) The provisions of ORS 163.700 (1)(a) do not apply to a visual recording of a person under 12 years of age if:
(a) The person who makes or records the visual recording is the father, mother, sibling, grandparent, aunt, uncle or first cousin, by blood, adoption or marriage, of the person under 12 years of age; and
(b) The visual recording is made or recorded for a purpose other than arousing or gratifying the sexual desire of the person or another person.