(1) A plaintiff has a cause of action for invasion of personal privacy if the plaintiff establishes any of the following:
(a) The defendant knowingly made or recorded a photograph, motion picture, videotape or other visual recording of the plaintiff in a state of nudity without the consent of the plaintiff, and at the time the visual recording was made or recorded the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.
(b) For the purpose of arousing or gratifying the sexual desire of the defendant, the defendant was in a location to observe the plaintiff in a state of nudity without the consent of the plaintiff, and the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.
(c) For the purpose of arousing or gratifying the sexual desire of any person, the defendant knowingly:
(A) Made or recorded a photograph, motion picture, videotape or other visual recording of an intimate area of the plaintiff without the consent of the plaintiff; or
(B) Viewed an intimate area of the plaintiff without the consent of the plaintiff.
(d) Without the consent of the plaintiff, the defendant disseminated a photograph, motion picture, videotape or other visual recording of the plaintiff in a state of nudity, and the defendant knew that at the time the visual recording was made or recorded the plaintiff was in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.
(2) A plaintiff who prevails in a cause of action for invasion of personal privacy under this section is entitled to receive:
(a) Compensatory damages; and
(b) Reasonable attorney fees.
(3) An action under this section must be commenced not later than two years after the conduct that gives rise to a claim for relief occurred.
(4) The remedy provided by this section is in addition to, and not in lieu of, any other claim for relief that may be available to a plaintiff by reason of conduct of a defendant described in subsection (1) of this section.
(5) As used in this section:
(a) “Intimate area” means:
(A) Undergarments that are being worn by a person, are covered by clothing and are intended to be protected from being seen; and
(B) Any of the following that are covered by clothing and are intended to be protected from being seen:
(i) Genitals;
(ii) Pubic areas; or
(iii) Female breasts below the point immediately above the top of the areola.
(b) “Made or recorded 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.
(c) “Nudity” means uncovered, or less than opaquely covered, post-pubescent human genitals, pubic areas or a post-pubescent human female breast below a point immediately above the top of the areola. “Nudity” includes a partial state of nudity.
(d) “Places and circumstances where the plaintiff 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.
(e) “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. [2005 c.544 §1]
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