ORS  Guide
Invasion of personal privacy 2
ORS > Criminal Code > Sex Crimes - General > 163.700
(1)(a)(A) for purpose of arousing or gratifying their sexual desire, the suspect is in a location to observe someone in a state of nudity without their consent AND
(B) the victim is in place and circumstances where they have a reasonable expectation of personal privacy [e.g. an area where a person undresses in an enclosed space not open to public view such as a bathroom, tanning booth] OR
(b)(A) the suspect knowingly makes a visual recording of someone's intimate area without their consent AND
(B) the victim being recorded has a reasonable expectation of privacy regarding intimate area. [e.g. an area where a person undresses in an enclosed space not open to public view such as a bathroom, tanning booth]
(c)(A) The person, for the purpose of arousing or gratifying the sexual desire of the person, or with the intent to humiliate, harass or injure another person, knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person who is dressing, undressing, bathing or toileting; AND
(B) The other person is in a place and circumstances where the person has a reasonable expectation of personal privacy.
Note:
primary differences between invasion of privacy 1 & 2:
• IVP 1 requires knowingly making a visual recording of the victim in a state of nudity. IVP 2 speaks to recording an intimate area vs nudity
• IVP 1 will be violated if the suspect has prior convictions for certain crimes
• IVP 2 will be violated if the suspect observes the victim in a state of nudity for sexual arousal or gratification a.k.a Peeping Tom
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