© Naturist Action Committee www.naturistaction.org
2011 ORS
Vol. 4
Chapter 163
Sexual Offenses
§ 163.465 Public indecency.
(1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:
(a) An act of sexual intercourse; or
(b) An act of deviate sexual intercourse; or
(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.
(2) (a) Public indecency is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 (Rape in the third degree) to 163.445 (Sexual misconduct) or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 (Rape in the third degree) to 163.445 (Sexual misconduct). [1971 c.743 §120; 1999 c.962 §1; 2005 c.434 §1]
Note: Section 3, chapter 962, Oregon Laws 1999, provides:
Sec. 3. The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the commission. [1999 c.962 s.3]
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§ 163.466 Classification of felony public indecency.
The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and
crime category 6 of the sentencing guidelines grid of the commission. [1999 c.962 §3]
Note: 163.466 (Classification of felony public indecency) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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§ 163.467 Private indecency.
(1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and:
(a) The person is in a place where another person has a reasonable expectation of privacy;
(b) The person is in view of the other person;
(c) The exposure reasonably would be expected to alarm or annoy the other person; and
(d) The person knows that the other person did not consent to the exposure.
(2) Private indecency is a Class A misdemeanor.
(3) Subsection (1) of this section does not apply to a person who commits the act described in subsection (1) of this section if the person cohabits with and is involved in a sexually intimate relationship with the other person.
(4) For purposes of this section, "place where another person has a reasonable expectation of privacy" includes, but is not limited to, residences, yards of residences, working areas and offices. [1999 c.869 s.2]
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§ 163.700 Invasion of personal privacy.
(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy if:
(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 person being recorded; and
(b) At the time the visual recording is made or recorded the person being recorded is in a place and circumstances where the pers(1) Except as provided in ORS 163.702 (Exceptions to ORS
163.700), a person commits the crime of invasion of personal privacy 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 person being recorded; 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) (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) 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) 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) Places 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) 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 (General definitions).
(3) Invasion of personal privacy is a Class A misdemeanor. [1997 c.697 §1; 2001 c.330 §1; 2009 c.877 §1]
Note: 163.700 (Invasion of personal privacy) and 163.702 (Exceptions to ORS 163.700) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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§ 163.702 Exceptions to ORS 163.700.
(1) The provisions of ORS 163.700 (Invasion of personal privacy) 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 (Invasion of personal privacy) (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]
Note: See note under 163.700 (Invasion of personal privacy).
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§ 166.025 Disorderly conduct in the second degree
(1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public
inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:
(a) Engages in fighting or in violent, tumultuous or threatening behavior;
(b) Makes unreasonable noise;
(c) Disturbs any lawful assembly of persons without lawful authority;
(d) Obstructs vehicular or pedestrian traffic on a public way;
(e) Congregates with other persons in a public place and refuses to comply with a lawful order of the police to disperse;
(f) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or
(g) Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.
(2) Disorderly conduct in the second degree is a Class B misdemeanor. [1971 c.743 §220; 1983 c.546 §5; 2001 c.104 §55; 2005 c.631 §1]
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