Offenses Against Persons

ORS 163.701
Invasion of personal privacy in the first 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 first 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 other person; 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)

The person violates ORS 163.700 (Invasion of personal privacy in the second degree) and, at the time of the offense, has a prior conviction for:

(A)

Invasion of personal privacy in any degree, public indecency, private indecency or a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235); or

(B)

The statutory counterpart of an offense described in subparagraph (A) of this paragraph in another jurisdiction.

(2)

(a) Invasion of personal privacy in the first degree is a Class C felony.

(b)

The Oregon Criminal Justice Commission shall classify invasion of personal privacy in the first degree as crime category 6 of the sentencing guidelines grid of the commission.

(3)

The court may designate invasion of personal privacy in the first degree as a sex crime under ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) if the court finds that the circumstances of the offense require the defendant to register and report as a sex offender for the safety of the community. [2015 c.645 §2]
Note: See note under 163.700 (Invasion of personal privacy in the second degree).
Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021