Offenses Against Persons
Invasion of personal privacy in the second degree
(1)Except as provided in ORS 163.702 (Exceptions to ORS 163.700 and 163.701), a person commits the crime of invasion of personal privacy in the second degree if:
(a)(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
(b)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the other person; and
(B)The person being recorded has a reasonable expectation of privacy concerning the intimate area.
(2)As used in this section and ORS 163.701 (Invasion of personal privacy in the first degree):
(a)“Intimate area” means nudity, or undergarments that are being worn by a person and are covered by clothing.
(b)“Makes or records a photograph, motion picture, videotape or other visual recording” includes, but is not limited to:
(A)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)Making or recording a photograph, motion picture, videotape or other visual recording through the use of an unmanned aircraft system as defined in ORS 837.300 (Definitions), even if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.
(c)“Nudity” means any part of the uncovered or less than opaquely covered:
(B)Pubic area; or
(C)Female breast below a point immediately above the top of the areola.
(d)“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.
(e)“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 (General definitions).
(f)“Reasonable expectation of privacy concerning the intimate area” means that the person intended to protect the intimate area from being seen and has not exposed the intimate area to public view.
(3)Invasion of personal privacy in the second degree is a Class A misdemeanor. [1997 c.697 §1; 2001 c.330 §1; 2009 c.877 §1; 2013 c.1 §11; 2015 c.321 §§1,4; 2016 c.72 §11]
Notes of Decisions
Definition of "nudity" does not apply to pubic area of prepubescent person. State v. Mayes, 220 Or App 385, 186 P3d 293 (2008)
"Post-pubescent" means any time after onset of puberty. State v. Mayes, 220 Or App 385, 186 P3d 293 (2008)
Law Review Citations
51 OLR 427-637 (1972)