74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2806
Senate Bill 627
Sponsored by Senator PROZANSKI (at the request of Dan Braziel)
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 and redesignates
it as invasion of personal privacy in second degree.
Creates crime of invasion of personal privacy in first degree.
Punishes by maximum of five years' imprisonment, $125,000 fine,
or both.
A BILL FOR AN ACT
Relating to invasion of personal privacy; creating new
provisions; and amending ORS 131.125, 131.602, 135.873 and
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 { + in the
second degree + } 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 { + ; or
(c)(A) The person knowingly installs a recording device for the
purpose of making or recording a photograph, motion picture,
videotape or other visual recording of another person in a state
of nudity without the consent of the other person; and
(B) The recording device is installed in a place and
circumstances where the other 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 { + in the second degree + }
is a Class A misdemeanor.
SECTION 2. { + (1) A person commits the crime of invasion of
personal privacy in the first degree if the person violates ORS
163.700:
(a) And the victim is less than 16 years of age.
(b) By making or recording a photograph, motion picture,
videotape or other visual recording and knowingly disseminates
the photograph, motion picture, videotape or visual recording or
a copy of the photograph, motion picture, videotape or visual
recording.
(c) And the person has a previous conviction for invasion of
personal privacy in any degree. As used in this paragraph, '
previous conviction' means a conviction that was entered prior to
imposing sentence on the current crime provided that the prior
conviction is based on a crime committed in a separate criminal
episode.
(2) Invasion of personal privacy in the first degree is a Class
C felony. + }
SECTION 3. ORS 131.125 is amended to read:
131.125. (1) A prosecution for aggravated murder, murder,
attempted murder or aggravated murder, conspiracy or solicitation
to commit aggravated murder or murder or any degree of
manslaughter may be commenced at any time after the commission of
the attempt, conspiracy or solicitation to commit aggravated
murder or murder, or the death of the person killed.
(2) A prosecution for any of the following felonies may be
commenced within six years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 30 years of age or within 12
years after the offense is reported to a law enforcement agency
or the Department of Human Services, whichever occurs first:
(a) Criminal mistreatment in the first degree under ORS
163.205.
(b) Rape in the third degree under ORS 163.355.
(c) Rape in the second degree under ORS 163.365.
(d) Rape in the first degree under ORS 163.375.
(e) Sodomy in the third degree under ORS 163.385.
(f) Sodomy in the second degree under ORS 163.395.
(g) Sodomy in the first degree under ORS 163.405.
(h) Unlawful sexual penetration in the second degree under ORS
163.408.
(i) Unlawful sexual penetration in the first degree under ORS
163.411.
(j) Sexual abuse in the second degree under ORS 163.425.
(k) Sexual abuse in the first degree under ORS 163.427.
(L) Using a child in a display of sexual conduct under ORS
163.670.
(m) Encouraging child sexual abuse in the first degree under
ORS 163.684.
(n) Incest under ORS 163.525.
(o) Promoting prostitution under ORS 167.012.
(p) Compelling prostitution under ORS 167.017.
(3) A prosecution for any of the following misdemeanors may be
commenced within four years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 22 years of age or within four
years after the offense is reported to a law enforcement agency
or the Department of Human Services, whichever occurs first:
(a) Sexual abuse in the third degree under ORS 163.415.
(b) Furnishing obscene materials to minors under ORS 167.065.
(c) Sending obscene materials to minors under ORS 167.070.
(d) Exhibiting an obscene performance to a minor under ORS
167.075.
(e) Displaying obscene materials to minors under ORS 167.080.
(4) In the case of crimes described in subsection (2)(L) of
this section, the 'victim' is the child engaged in sexual
conduct. In the case of the crime described in subsection (2)(n)
of this section, the 'victim' is the party to the incest other
than the party being prosecuted. In the case of crimes described
in subsection (2)(o) and (p) of this section, the 'victim' is the
child whose acts of prostitution are promoted or compelled.
(5) A prosecution for arson in any degree may be commenced
within six years after the commission of the crime.
(6) Except as provided in subsection (7) of this section or as
otherwise expressly provided by law, prosecutions for other
offenses must be commenced within the following periods of
limitations after their commission:
(a) For any other felony, three years.
(b) For any misdemeanor, two years.
(c) For a violation, six months.
(7) If the period prescribed in subsection (6) of this section
has expired, a prosecution nevertheless may be commenced as
follows:
(a) If the offense has as a material element either fraud or
the breach of a fiduciary obligation, prosecution may be
commenced within one year after discovery of the offense by an
aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is not a party to the offense, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years;
(b) If the offense is based upon misconduct in office by a
public officer or employee, prosecution may be commenced at any
time while the defendant is in public office or employment or
within two years thereafter, but in no case shall the period of
limitation otherwise applicable be extended by more than three
years; or
(c) If the offense is { - an - } invasion of personal
privacy { + in the first or second degree + } under ORS
163.700 { + or section 2 of this 2007 Act + }, prosecution may
be commenced within one year after discovery of the offense by
the person aggrieved by the offense, by a person who has a legal
duty to represent the person aggrieved by the offense or by a law
enforcement agency, but in no case shall the period of limitation
otherwise applicable be extended by more than three years.
(8) Notwithstanding subsection (2) of this section, a
prosecution for rape in the first or second degree or sodomy in
the first or second degree may be commenced within 12 years after
the commission of the crime if the defendant is identified after
the period described in subsection (2) of this section on the
basis of DNA (deoxyribonucleic acid) sample comparisons.
SECTION 4. ORS 135.873 is amended to read:
135.873. (1) As used in this section:
(a) 'Local government' has the meaning given that term in ORS
174.116.
(b) 'Sexual offense' includes but is not limited to a crime
listed in ORS 181.594 (4).
(c) 'State government' has the meaning given that term in ORS
174.111.
(d) 'Victim' has the meaning given that term in ORS 131.007.
(2) Upon a showing of good cause, the court may at any time
order that specified disclosures be denied, restricted or
deferred, or make such other order as is appropriate.
(3) Upon request of any party, the court may permit a showing
of good cause for denial or regulation of disclosures, or portion
of such showing, to be made in camera. A record shall be made of
such proceedings.
(4) If the court enters an order granting relief following a
showing in camera, the entire record of the showing shall be
sealed and preserved in the records of the court, to be made
available to the appellate court in the event of an appeal.
Except for information or materials subject to an order that has
been entered under subsection (5) or (6) of this section, the
trial court, in its discretion, may, after the case has been
concluded, unseal matters previously sealed.
(5) Upon the request of a district attorney or the victim, the
court shall enter a protective order prohibiting any party to or
attorney in, or the agent of a party to or attorney in, criminal
proceedings involving a sexual offense, an offense involving the
visual or audio recording of sexual conduct by a child or
invasion of personal privacy { + in the first or second
degree + } under ORS 163.700 { + or section 2 of this 2007
Act + } from copying or disseminating any information of a
sexually explicit nature including, but not limited to,
photographs depicting a person in a state of nudity, photographs
of human genitalia, any information of the prior sexual history
of the victim and any visual or audio recording of the sexual
victimization.
(6) Upon the request of a district attorney or the victim,
unless the court finds good cause to do otherwise, the court
shall enter a protective order prohibiting any party to or
attorney in, or the agent of a party to or attorney in, criminal
proceedings involving a sexual offense, an offense involving the
visual or audio recording of sexual conduct by a child or
invasion of personal privacy { + in the first or second
degree + } under ORS 163.700 { + or section 2 of this 2007
Act + } from copying or disseminating a visual or audio recording
of the victim describing the victim's sexual victimization.
(7) Notwithstanding a protective order entered under subsection
(5) or (6) of this section, information or materials described in
subsections (5) and (6) may be copied or disseminated for the
purpose of:
(a) Providing discovery;
(b) Submitting evidence to a grand jury, a court, an agency of
state government, a local government or a federal agency for use
in judicial or administrative proceedings;
(c) Having the information or materials examined by an expert
witness for the court, the state or any party;
(d) Providing copies of the information or materials to the
parties' attorneys or agents; or
(e) Sharing the information or materials with an agency of
state government for use in carrying out duties imposed on the
agency by statute.
(8) Upon the request of the victim, the court may order that
the victim be provided with a copy of information or materials
described in subsections (5) and (6) of this section.
SECTION 5. ORS 131.602 is amended to read:
131.602. The crimes to which ORS 131.550 (11)(b) applies are:
(1) Bribe giving, as defined in ORS 162.015.
(2) Bribe receiving, as defined in ORS 162.025.
(3) Public investment fraud, as defined in ORS 162.117.
(4) Bribing a witness, as defined in ORS 162.265.
(5) Bribe receiving by a witness, as defined in ORS 162.275.
(6) Simulating legal process, as defined in ORS 162.355.
(7) Official misconduct in the first degree, as defined in ORS
162.415.
(8) Custodial interference in the second degree, as defined in
ORS 163.245.
(9) Custodial interference in the first degree, as defined in
ORS 163.257.
(10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
(11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
(12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
(13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
(14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
(15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
(16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
(17) Theft in the second degree, as defined in ORS 164.045.
(18) Theft in the first degree, as defined in ORS 164.055.
(19) Aggravated theft in the first degree, as defined in ORS
164.057.
(20) Theft by extortion, as defined in ORS 164.075.
(21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
(22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
(23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
(24) Unauthorized use of a vehicle, as defined in ORS 164.135.
(25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
(26) Laundering a monetary instrument, as defined in ORS
164.170.
(27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
(28) Burglary in the second degree, as defined in ORS 164.215.
(29) Burglary in the first degree, as defined in ORS 164.225.
(30) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
(31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
(32) Arson in the second degree, as defined in ORS 164.315.
(33) Arson in the first degree, as defined in ORS 164.325.
(34) Computer crime, as defined in ORS 164.377.
(35) Robbery in the third degree, as defined in ORS 164.395.
(36) Robbery in the second degree, as defined in ORS 164.405.
(37) Robbery in the first degree, as defined in ORS 164.415.
(38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
(39) Unlawful recording of a live performance, as defined in
ORS 164.869.
(40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
(41) A violation of ORS 164.877.
(42) Endangering aircraft, as defined in ORS 164.885.
(43) Interference with agricultural operations, as defined in
ORS 164.887.
(44) Forgery in the second degree, as defined in ORS 165.007.
(45) Forgery in the first degree, as defined in ORS 165.013.
(46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
(47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
(48) Criminal possession of a forgery device, as defined in ORS
165.032.
(49) Criminal simulation, as defined in ORS 165.037.
(50) Fraudulently obtaining a signature, as defined in ORS
165.042.
(51) Fraudulent use of a credit card, as defined in ORS
165.055.
(52) Negotiating a bad check, as defined in ORS 165.065.
(53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
(54) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
(55) Falsifying business records, as defined in ORS 165.080.
(56) Sports bribery, as defined in ORS 165.085.
(57) Sports bribe receiving, as defined in ORS 165.090.
(58) Misapplication of entrusted property, as defined in ORS
165.095.
(59) Issuing a false financial statement, as defined in ORS
165.100.
(60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
(61) A violation of ORS 165.543.
(62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
(63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
(64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
(65) Identity theft, as defined in ORS 165.800.
(66) A violation of ORS 166.190.
(67) Unlawful use of a weapon, as defined in ORS 166.220.
(68) A violation of ORS 166.240.
(69) Unlawful possession of a firearm, as defined in ORS
166.250.
(70) A violation of ORS 166.270.
(71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
(72) A violation of ORS 166.275.
(73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
(74) A violation of ORS 166.370.
(75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
(76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
(77) Possession of a hoax destructive device, as defined in ORS
166.385.
(78) A violation of ORS 166.410.
(79) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
(80) Improperly transferring a firearm, as defined in ORS
166.418.
(81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
(82) A violation of ORS 166.429.
(83) A violation of ORS 166.470.
(84) A violation of ORS 166.480.
(85) A violation of ORS 166.635.
(86) A violation of ORS 166.638.
(87) Unlawful paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS 166.720.
(89) Prostitution, as defined in ORS 167.007.
(90) Promoting prostitution, as defined in ORS 167.012.
(91) Compelling prostitution, as defined in ORS 167.017.
(92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
(93) Unlawful gambling in the second degree, as defined in ORS
167.122.
(94) Unlawful gambling in the first degree, as defined in ORS
167.127.
(95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
(96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
(97) Possession of a gambling device, as defined in ORS
167.147.
(98) Possession of a gray machine, as defined in ORS 167.164.
(99) Cheating, as defined in ORS 167.167.
(100) Tampering with drug records, as defined in ORS 167.212.
(101) A violation of ORS 167.262.
(102) Research and animal interference, as defined in ORS
167.312.
(103) Animal abuse in the first degree, as defined in ORS
167.320.
(104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
(105) Animal neglect in the first degree, as defined in ORS
167.330.
(106) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
(107) Involvement in animal fighting, as defined in ORS
167.355.
(108) Dogfighting, as defined in ORS 167.365.
(109) Participation in dogfighting, as defined in ORS 167.370.
(110) Unauthorized use of a livestock animal, as defined in ORS
167.385.
(111) Interference with livestock production, as defined in ORS
167.388.
(112) A violation of ORS 167.390.
(113) A violation of ORS 471.410.
(114) Failure to report missing precursor substances, as
defined in ORS 475.955.
(115) Illegally selling drug equipment, as defined in ORS
475.960.
(116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
(117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.912.
(118) A violation of ORS 475.840, if it is a felony or a Class
A misdemeanor.
(119) A violation of ORS 475.914, if it is a felony or a Class
A misdemeanor.
(120) A violation of ORS 475.916.
(121) A violation of ORS 475.906, if it is a felony or a Class
A misdemeanor.
(122) A violation of ORS 475.904 (2).
(123) Misuse of an identification card, as defined in ORS
807.430.
(124) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
(125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
(126) Using an invalid license, as defined in ORS 807.580.
(127) Permitting misuse of a license, as defined in ORS
807.590.
(128) Using another's license, as defined in ORS 807.600.
(129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
(130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
(131) Unlawful distribution of cigarettes, as defined in ORS
323.482.
(132) A violation of ORS 180.440 (2).
(133) A violation described in ORS 475.846 to 475.894, if it is
a felony.
{ + (134) Invasion of personal privacy in the first degree,
as defined in section 2 of this 2007 Act. + }
{ - (134) - } { + (135) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
{ - (133) - } { + (134) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
SECTION 6. { + The amendments to ORS 131.602 by section 5 of
this 2007 Act apply to property seized for criminal forfeiture on
or after the effective date of this 2007 Act. + }
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