• ***BACK PAGE***
    SEXTING
          166.065 Harassment. (1) A person commits the crime of harassment if the person intentionally:
          (a) Harasses or annoys another person by:
          (A) Subjecting such other person to offensive physical contact;
          (B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response; or
          (C) Distributing a visual recording, as defined in ORS 163.665, of the other person engaged in sexually explicit conduct, as defined in ORS 163.665, or in a state of nudity, as defined in ORS 163.700, when the other person is under 18 years of age at the time of the recording (Definitions below)
          (b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or
          (c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm.
          (2)(a) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person’s control to be used in violation of subsection (1) of this section.
          (b) Harassment that is committed under the circumstances described in subsection (1)(c) of this section is committed in either the county in which the communication originated or the county in which the communication was received.
          (3) Harassment is a
    Class B misdemeanor.
          (4) Notwithstanding subsection (3) of this section, harassment is a
    Class A misdemeanor if a person violates:
          (a) Subsection (1)(a)(A) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person;
          (b) Subsection (1)(a)(C) of this section; or
          (c) Subsection (1)(c) of this section and:
          (A) The person has a previous conviction under subsection (1)(c) of this section and the victim of the current offense was the victim or a member of the family of the victim of the previous offense;
          (B) At the time the offense was committed, the victim was protected by a stalking protective order, a restraining order as defined in ORS 24.190 or any other court order prohibiting the person from contacting the victim;
          (C) At the time the offense was committed, the person reasonably believed the victim to be under 18 years of age and more than three years younger than the person; or
          (D)(i) The person conveyed a threat to kill the other person or any member of the family of the other person;
          (ii) The person expressed the intent to carry out the threat; and
          (iii) A reasonable person would believe that the threat was likely to be followed by action.
          (5) It is not a defense to a charge under subsection (1)(a)(C) of this section that the defendant did not know the age of the victim.
          (6) As used in this section, “electronic threat” means a threat conveyed by electronic mail, the Internet, a telephone text message or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means.          

    163.700 Invasion of personal privacy. (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 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.
                (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, motion picture, videotape or other visual recording.
                (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) “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.
                (3) Invasion of personal privacy is a
    Class A misdemeanor.

    SB 188 Unlawful dissemination of an intimate image
    (a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed through an Internet website an identifiable image of the other person whose intimate parts are visible or who is engaged in sexual conduct;
    (b) The person knows or reasonably should have known that the other person does not consent to the disclosure;
    • The other person is harassed, humiliated or injured by the disclosure; and
      (d) A reasonable person would be harassed, humiliated or injured by the disclosure.
    2)(a) Except as provided in paragraph (b) of this subsection, unlawful dissemination of an intimate image is a Class A misdemeanor. (b) Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense. (3) As used in this section: (a) “Disclose” includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer. (b) “Image” includes, but is not limited to, a photograph, film, videotape, recording, digital picture and other visual reproduction, regardless of the manner in which the image is stored.
    (c) “Information content provider” has the meaning given that term in 47 U.S.C. 230(f). (d) “Interactive computer service” has the meaning given that term in 47 U.S.C. 230(f). (e) “Intimate parts” means uncovered human genitals, pubic areas or female nipples. (f) “Sexual conduct” means sexual intercourse or deviate sexual intercourse, as those terms are defined in ORS 163.305, or masturbation. (4) This section does not apply to: (a) Activity by law enforcement agencies investigating and prosecuting criminal offenses; (b) Legitimate medical, scientific or educational activities; (c) Legal proceedings, when disclosure is consistent with common practice in civil proceedings or necessary for the proper functioning of the criminal justice system;

    (d) The reporting of unlawful conduct to a law enforcement agency; (e) Disclosures that serve a lawful public interest; (f) Disclosures of images: (A) Depicting the other person voluntarily displaying, in a public area, the other person’s intimate parts or engaging in sexual conduct; or (B) Originally created for a commercial purpose with the consent of the other person; or (g) The provider of an interactive computer service for an image of intimate parts provided by an information content provider.
                163.665 Definitions. As used in ORS 163.665 to 163.693:
                (1) “Child” means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual recording was created and not the age of the person at the time of an alleged offense relating to the subsequent reproduction, use or possession of the visual recording.
                (2) “Child abuse” means conduct that constitutes, or would constitute if committed in this state, a crime in which the victim is a child.
                (3) “Sexually explicit conduct” means actual or simulated:
                (a) Sexual intercourse or deviant sexual intercourse;
                (b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;
                (c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or treatment or as part of a personal hygiene practice;
                (d) Masturbation;
                (e) Sadistic or masochistic abuse; or
                (f) Lewd exhibition of sexual or other intimate parts.
                (4) “Visual depiction” includes, but is not limited to, visual recordings, pictures and computer-generated images and pictures, whether made or produced by electronic, mechanical or other means.
                (5) “Visual recording” includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored




            
Natural World RapidWeaver theme by ThemeFlood