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

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.

����� 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

����� 163.705 Polygraph examination of victims in certain criminal cases prohibited. No district attorney or other law enforcement officer or investigator involved in the investigation or prosecution of crimes, or any employee thereof, shall require any complaining witness in a case involving the use of force, violence, duress, menace or threat of physical injury in the commission of any sex crime under ORS 163.305 to 163.575, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading. [1981 c.877 �1]

����� 163.707 Forfeiture of motor vehicle used in drive-by shooting. (1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture.

����� (2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A.

����� (3) As used in this section, �drive-by shooting� means discharge of a firearm from a motor vehicle while committing or attempting to commit:

����� (a) Aggravated murder under ORS 163.095;

����� (b) Murder in any degree under ORS 163.107 or 163.115;

����� (c) Manslaughter in any degree under ORS 163.118 or 163.125;

����� (d) Assault in any degree under ORS 163.160, 163.165, 163.175 or 163.185;

����� (e) Menacing under ORS 163.190;

����� (f) Recklessly endangering another person under ORS 163.195;

����� (g) Assaulting a public safety officer under ORS 163.208; or

����� (h) A bias crime in any degree under ORS 166.155 or 166.165. [1999 c.870 �1; 2009 c.78 �57; 2019 c.553 �14; 2019 c.635 �20]

����� Note: 163.707 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.

����� 163.709 Unlawful directing of light from a laser pointer. (1) A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is:

����� (a) A peace officer as defined in ORS 161.015 who is acting in the course of official duty; or

����� (b) A uniformed private security professional as defined in ORS 181A.840 who is on duty.

����� (2) The offense described in this section, unlawful directing of light from a laser pointer, is a Class A misdemeanor.

����� (3) As used in this section, �laser pointer� means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye. [1999 c.757 �1; 2005 c.447 �9]

����� Note: 163.709 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.

����� 163.715 Unlawful use of a global positioning system device. (1) A person commits the crime of unlawful use of a global positioning system device if the person knowingly affixes a global positioning system device to a motor vehicle without consent of the owner of the motor vehicle.

����� (2)(a) Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning system device is a Class A misdemeanor.

����� (b) Unlawful use of a global positioning system device is a Class C felony if, at the time of the offense, the person:

����� (A) Has been previously convicted of stalking under ORS 163.732, violating a court�s stalking order under ORS 163.750 or committing an equivalent crime in another jurisdiction; or

����� (B) Is the subject of a citation issued under ORS 163.735, an order issued under ORS