Invasion of Privacy Law Oregon
In Oregon, any incident wherein a person intrudes the privacy of another, whether physically or otherwise, is considered to be an invasion of privacy. Invasion of privacy is a criminal offense and those found guilty shall be punished depending on the gravity of their crime.
Invasion of Personal Privacy in the Second Degree:
As per section 163.700 of the Oregon Statutes, except as provided in section 163.702, a person can be convicted for the invasion of privacy in the second degree if they,
- A) In order to sexually arouse or gratify themselves visit a certain location to observe another person in the state of nudity without their consent; and
- B) The person being observed is in a place where they expect personal privacy. This places could be but are not limited to the locker room, bathroom, dressing room or any other such enclosed place where a person undresses;
- A) The offender intentionally visually records, takes pictures, of another person's intimate areas without their consent; and
- B) The one being recorded expects privacy regarding their intimate areas, that are covered by clothing.
Invasion of personal privacy in the second degree is considered to be a Class A misdemeanor. The person found guilty of Class A misdemeanor will be imprisoned for up to a year and/or have to pay a fine of up to $6250.
Invasion of Personal Privacy in the First Degree:
According to Section 163.701 of the Oregon Statutes, except as provided in section 163.702, a person can be convicted for the invasion of privacy in the first degree if they,A) Intentionally record a photograph, movie, video or any other visual recording of another person, when they are in the state of nudity and without their consent; and
B) The person being recorded is in a place where they have a reasonable expectation of privacy; or
The person is in violation of Section 163.700 and was convicted previously for:A) Invasion of privacy, indecency in private or public or for a sex crime in the same jurisdiction; or
B) Is convicted for the invasion of privacy, indecency in private or public or for a sex crime in another jurisdiction.
Invasion of personal privacy in the first degree is regarded as a Class C felony. The court can order the offender to serve a sentence of a maximum of 5 months or pay a fine of a maximum of $125,000 or even both. However, the court may decide to punish the crime as a sex offense, if it the circumstances regarding the invasion of personal privacy is seen as a sexual offense.
Exceptions to the Oregon Invasion of Privacy Law:
As mentioned in the above sections, there are certain exceptions wherein a person cannot be convicted for violation of personal privacy. Section 163.702 lists down these exceptions:
- The provisions of both Section 163.700 and Section 163.701 will not apply to:
- a) Individuals who are performing any legitimate medical procedure or are performing the procedure under the direction of another licensed person, for the purpose of medical treatment, diagnosis, research or educational purposes; or
- b) The activities that are conducted within legitimate law enforcement offices, prisons or correctional facilities and any other such activities required for the functioning of the criminal justice system.
2. The provisions of Section 163.701, i.e. the invasion of personal privacy in the first degree, will not apply to visual recordings or photographs of a person who is below the age of 12 and the said recordings are,
- a) Recorded or taken by siblings, parents, grandparents, uncle, aunt, first cousin, or any other relation of the child by blood, adoption or marriage; and
- b) The visual recordings are not meant for the purpose of sexual arousal or gratification of the person making the recordings.