71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2827
 
                         Senate Bill 625
 
Sponsored by Senator HANNON (at the request of Michelle Bobbett,
  Ashland, Oregon)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Expands crime of invasion of personal privacy to include
nonconsensual observation of nude person for purpose of arousing
or gratifying sexual desire.
 
                        A BILL FOR 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 knowingly observes another
person in a state of nudity without the consent of the person
being observed; and
  (B) At the time the observation is taking place, the person
being observed 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 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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