Bill Text: OR SB855 | 2013 | Regular Session | Introduced
Bill Title: Relating to invasion of privacy; declaring an emergency.
Spectrum: Strong Partisan Bill (Republican 13-1)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB855 Detail]
Download: Oregon-2013-SB855-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3957
Senate Bill 855
Sponsored by Senator KNOPP, Representative CONGER; Senators
CLOSE, GEORGE, OLSEN, STARR, THOMSEN, Representatives DAVIS,
HANNA, HICKS, HUFFMAN, KENNEMER, LIVELY, WHISNANT (at the
request of Chrystal Stutesman)
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.
Modifies crime of invasion of personal privacy by prohibiting
observation by device or electronic means regardless of whether
recording is made. Increases penalty for crime of invasion of
personal privacy to maximum of five years' imprisonment, $125,000
fine, or both, when victim is under 18 years of age.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to invasion of privacy; amending ORS 163.700 and
163.702; and declaring an emergency.
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 if:
(a)(A) The person knowingly { + observes by device or
electronic means, or + } 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 { + observed or + } recorded; and
(B) At the time the { + observation by device or electronic
means occurs, or the + } visual recording is made or
recorded { + , + } the person being { + observed or + } 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.
(2) As used in this section:
{ + (a) 'Device' means an instrument that magnifies, enhances
or otherwise augments a visual image but does not include
ordinary eyeglasses or contact lenses.
(b) 'Electronic means' includes, but is not limited to, a
surveillance camera or other electronic device that magnifies,
enhances, displays or transmits a visual image, regardless of
whether a recording is made. + }
{ - (a) - } { + (c) + } '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) - } { + (d) + } 'Nudity' means any part of the
uncovered, or less than opaquely covered,:
(A) Genitals;
(B) Pubic area; or
(C) Female breast below a point immediately above the top of
the areola.
{ - (c) - } { + (e) + } ' { - Places - } { + Place + }
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) - } { + (f) + } '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) { + (a) + } Invasion of personal privacy is a Class A
misdemeanor.
{ + (b) Notwithstanding paragraph (a) of this subsection,
invasion of personal privacy is a Class C felony when the person
being observed or recorded is under 18 years of age at the time
of the observation or recording. + }
SECTION 2. ORS 163.702 is amended to read:
163.702. (1) The provisions of ORS 163.700 do not apply to:
(a) Any legitimate medical procedure performed by or under the
direction of a person licensed to provide medical service for the
purpose of medical diagnosis, treatment, education or research,
including, but not limited to, the recording of medical
procedures; and
(b) Any activity undertaken in the course of bona fide law
enforcement or corrections activity or necessary to the proper
functioning of the criminal justice system, including but not
limited to the operation and management of jails, prisons and
other youth and adult corrections facilities.
(2) The provisions of ORS 163.700 (1)(a) do not apply { + to
an observation by device or electronic means, or + } to a visual
recording { + , + } of a person under 12 years of age if:
(a) The person who { + makes the observation by device or
electronic means, or who + } makes or records the visual
recording { + , + } is the father, mother, sibling, grandparent,
aunt, uncle or first cousin, by blood, adoption or marriage, of
the person under 12 years of age; and
(b) { + The observation by device or electronic means occurs,
or + } the visual recording is made or recorded { + , + } for a
purpose other than arousing or gratifying the sexual desire of
the person or another person.
SECTION 3. { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
----------
