Legal Resource Navigator

ORS 163.702 — Exceptions to ORS 163.700 and 163.701

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.702 — Exceptions to ORS 163.700 and 163.701

163.702 Exceptions to ORS 163.700 and 163.701. (1) The provisions of ORS 163.700 and 163.701 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 163.701 (1)(a) do not apply to a visual recording of a person under 12 years of age if: (a) The person 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 visual recording is made or recorded for a purpose other than arousing or gratifying the sexual desire of the person or another person. [1997 c.697 §2; 2009 c.877 §2; 2015 c.645 §7] Note: See note under 163.700. MISCELLANEOUS

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.702

Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.

Official chapter context and edition notices
Chapter 163 — Offenses Against Persons 2025 EDITION OFFENSES AGAINST PERSONS CRIMES AND PUNISHMENTS HOMICIDE ASSAULT AND RELATED OFFENSES KIDNAPPING AND RELATED OFFENSES COERCION SEXUAL OFFENSES OFFENSES AGAINST FAMILY VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN INVASION OF PRIVACY MISCELLANEOUS STALKING SEXUAL ABUSE RESTRAINING ORDERS HOMICIDE
Original supplied file — preserved unchanged

Download original chapter HTML file

File SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: official snapshot extraction not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: oregon_criminal_law:legal_authorities:163.702
Source file: ors163.html
Pages: Not recorded – Not recorded
Passage SHA-256: ff95c83b767f28728af61bd4bf17df913f8f17b5445f54aae7a44edca6bc3089
Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c

Source location: ORS 163.702 (all printed versions and notes)

Stored source content

163.702 Exceptions to ORS 163.700 and 163.701. (1) The provisions of ORS 163.700 and 163.701 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 163.701 (1)(a) do not apply to a visual recording of a person under 12 years of age if: (a) The person 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 visual recording is made or recorded for a purpose other than arousing or gratifying the sexual desire of the person or another person. [1997 c.697 §2; 2009 c.877 §2; 2015 c.645 §7] Note: See note under 163.700. MISCELLANEOUS

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.700 — Invasion of personal privacy in the second degree

163.700 Invasion of personal privacy in the second degree. (1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the second degree if: (a)(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; or (b)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the other person; and (B) The person being recorded has a reasonable expectation of privacy concerning the intimate area. (2) As used in this section and ORS 163.701: (a) “Intimate area” means nudity, or undergarments that are being worn by a person and are covered by clothing. (b) “Makes or records a photograph, motion picture, videotape or other visual recording” includes, but is not limited to: (A) 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) Making or recording a photograph, motion picture, videotape or other visual recording through the use of an unmanned aircraft system as defined in ORS 837.300, even if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. (c) “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. (d) “Places and circumst

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.700

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.701 — Invasion of personal privacy in the first degree

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.

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.701

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.