71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 625
 
Sponsored by Senator HANNON; Representative NELSON (at the
  request of Michelle Bobbett, Ashland, Oregon)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
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.
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Enrolled Senate Bill 625 (SB 625-A)                        Page 1
 
 
 
 
 
Passed by Senate April 3, 2001
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House May 21, 2001
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 625 (SB 625-A)                        Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 625 (SB 625-A)                        Page 3