Chapter 330 Oregon Laws 2001
AN ACT
SB 625
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; and
[(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 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 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
Effective date January 1,
2002
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