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PHOTOGRAPH, UNLAWFUL
163.700 INVASION OF PERSONAL PRIVACY
163.700. (1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy 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 re- corded; 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) For the purpose of arousing or gratifying the sexual desire of any person, the person knowingly views another person, or makes or records a photograph, motion picture, videotape or other visual recording of another person, without the other person’s knowledge or consent; and
(B) At the time the other person is viewed, or at the time the visual recording of the other person is made or recorded, the other person is in a place and circumstances where the person has a reasonable expectation of personal privacy.
(2) As used in this section:
(a) “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, digital image, motion picture, videotape or any other visual recording or transmission.
(b) “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) “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)“Open to 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 location that is:
(A) A public place as defined in ORS 161.015; and
(B) A place where the viewer is not a trespasser.
(d) “Place and circumstances where the person has a reasonable expectation of personal privacy” includes, but is not limited to, any room in a person’s residence, a bathroom, a dressing room, a locker room that includes an enclosed area for dressing or showering, a tanning booth and any area where a person undresses in an enclosed space that is not open to public view.
(e) “Views” means intentionally looking at another person for more than a brief period of time, in other than a casual or cursory manner, with the unaided eye or with a device designed or intended to improve visual acuity.
(3)(a) Invasion of personal privacy is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, invasion of personal privacy is a Class C felony if the victim is under 12 years of age.