(1) Except as provided in ORS § 163.702, a person commits the crime of invasion of personal privacy in the first degree if:

Attorney's Note

Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $125,000
For details, see Or. Rev. Stat.161.605

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Terms Used In Oregon Statutes 163.701

  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts

(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 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; 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 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]

 

See note under 163.700.