CHAPTER 330
AN ACT SB 625
Effective date January 1, 2002
Relating to crime; amending ORS 163.700.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.700 is amended to read:
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
recorded; an
[(b)] (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 reason-able expectation of personal privacy;
or
(b)(A) For the purpose of arousing or gratfying 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; an
(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 pic-ture, videotape
or other visual recording" includes, but is not limited to, making
or recording or em-ploying, authorizing, permitting, compelling
or in-ducing another person to make or record a photograph, motion
picture, videotape or other vis-ual recording.
(b) "Nudity" means uncovered, or less than opaquely covered,
post-pubescent human genitals, pubic areas or a post-pubescent
human female breast below a point immediately above the top of
the areola. "Nudity" includes a partial state of nudity.
(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
Approved by the Governor June 5, 2001
Filed in the office of Secretary of State June 5, 2001
