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INVASION OF PERSONAL PRIVACY IN THE FIRST DEGREE
163.701 Invasion of personal privacy in the first degree. (1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the first 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 other person; 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) The person violates ORS 163.700 and, at the time of the offense, has a prior conviction for:
(A) Invasion of personal privacy in any degree, public indecency, private indecency or a sex crime as defined in ORS 163A.005; or
(B) The statutory counterpart of an offense described in subparagraph (A) of this paragraph in another jurisdiction.
(2)(a) Invasion of personal privacy in the first degree is a Class C felony.
(b) The Oregon Criminal Justice Commission shall classify invasion of personal privacy in the first degree as crime category 6 of the sentencing guidelines grid of the commission.
(3) The court may designate invasion of personal privacy in the first degree as a sex crime under ORS 163A.005 if the court finds that the circumstances of the offense require the defendant to register and report as a sex offender for the safety of the community
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.