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
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
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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
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
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.