163.701
Invasion of personal privacy in the first degree. (1) Except as provided in ORS
163.702, 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 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]
Note: See note under 163.700.
Notes of Decisions
Cited in
7
cases (
4 in the last 5 years), 2017–2023 · leading case:
State v. Parra-Sanchez, 527 P.3d 1008 (Or. Ct. App. 2023).
State v. Parra-Sanchez, 527 P.3d 1008 (Or. Ct. App. 2023).
· cites it 4× “700) or Class C fel- ony (ORS 163.701), but intended overt voyeurs to be guilty of display, a Class A felony (ORS 163.”
State v. Murphy, 510 P.3d 269 (Or. Ct. App. 2022).
· cites it 2× “There was no physical evidence, other than the video, so it was a credibility contest.”
State v. Carlton, 388 P.3d 1093 (Or. 2017).
“” In addition, ORS 163.701(l)(b) defines the offense of invasion of personal privacy in the first degree as invasion of personal privacy in the second degree accompanied by the circumstance that the defendant has a prior conviction for “[invasion of personal privacy in any…”
State v. Cazee, 482 P.3d 140 (Or. Ct. App. 2021).
“A jury subsequently found defendant guilty of five counts of first- degree invasion of personal privacy, ORS 163.701; three counts of second-degree invasion of personal privacy, ORS 163.”
State v. McQueen, 478 P.3d 581 (Or. Ct. App. 2020).
· cites it 5× “” Defendant acknowl- edges that his conduct was “likely criminal” under ORS 163.701, the statute setting forth the crime of first-degree “Public place” is defined in ORS 161.”
I. K. v. Banana Repub., LLC, 505 P.3d 1078 (Or. Ct. App. 2022).
“701(1) provides that a person commits the crime of invasion of personal privacy in the first degree if the person “knowingly makes or records a photograph, motion picture, videotape or other visual recording of another per- son in a state of nudity without the consent of the…”
State v. Carlton (Or. 2017).
“” In addition, ORS 163.701(1)(b) defines the offense of invasion of personal privacy in the first degree as invasion of personal privacy in the second degree accompanied by the circumstance that the defendant has a prior conviction for “[i]nvasion of personal privacy in any…”
— Or. Rev. Stat. § 163.701(1) — 1 case
I. K. v. Banana Repub., LLC, 505 P.3d 1078 (Or. Ct. App. 2022).
“701(1) provides that a person commits the crime of invasion of personal privacy in the first degree if the person “knowingly makes or records a photograph, motion picture, videotape or other visual recording of another per- son in a state of nudity without the consent of the…”
— Or. Rev. Stat. § 163.701(1)(a) — 1 case
State v. McQueen, 478 P.3d 581 (Or. Ct. App. 2020).
“” Defendant acknowl- edges that his conduct was “likely criminal” under ORS 163.701, the statute setting forth the crime of first-degree “Public place” is defined in ORS 161.”
— Or. Rev. Stat. § 163.701(1)(b) — 2 cases
State v. Parra-Sanchez, 527 P.3d 1008 (Or. Ct. App. 2023).
“700) or Class C fel- ony (ORS 163.701), but intended overt voyeurs to be guilty of display, a Class A felony (ORS 163.”
State v. Carlton (Or. 2017).
“” In addition, ORS 163.701(1)(b) defines the offense of invasion of personal privacy in the first degree as invasion of personal privacy in the second degree accompanied by the circumstance that the defendant has a prior conviction for “[i]nvasion of personal privacy in any…”
— Or. Rev. Stat. § 163.701(l)(b) — 1 case
State v. Carlton, 388 P.3d 1093 (Or. 2017).
“” In addition, ORS 163.701(l)(b) defines the offense of invasion of personal privacy in the first degree as invasion of personal privacy in the second degree accompanied by the circumstance that the defendant has a prior conviction for “[invasion of personal privacy in any…”
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