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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
SENATE AMENDMENTS TO
SENATE BILL 470
By COMMITTEE ON JUDICIARY
March 19
On page 1 of the printed bill, line 2, delete “creating new provisions;”.
In line 3, delete “646.608” and insert “30.831”.
Delete lines 5 through 25 and delete pages 2 through 5 and insert:
“SECTION 1. ORS 30.831 is amended to read:
“30.831. (1) A plaintiff has a cause of action for invasion of personal privacy if the plaintiff es-
tablishes any of the following:
“(a) The defendant knowingly made or recorded a photograph, motion picture, videotape or other
visual image or recording of the plaintiff in a state of nudity without the consent of the plaintiff,
and at the time the visual image or 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 image or re-
cording 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 pic-
ture, videotape or other visual image or recording of the plaintiff in a state of nudity, and the de-
fendant knew that at the time the visual image or recording was made or recorded the plaintiff was
in a place and circumstances where the plaintiff had a reasonable expectation of personal privacy.
“(e) The defendant is a transient lodging provider or transient lodging intermediary and
without the consent of the plaintiff captures, makes, stores, transfers, transmits or broad-
casts, or intentionally permits another person to capture, make, store, transfer, transmit
or broadcast, a visual image or recording or audio of the plaintiff while the plaintiff occupies
a private space within transient lodging that is under the defendant’s ownership or control.
“(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
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for relief that may be available to a plaintiff by reason of conduct of a defendant described in sub-
section (1) of this section.
“(5) The provisions of subsection (1)(a) and (d) of this section do not apply to a photograph,
motion picture, videotape or other visual image or recording of a person under 12 years of age if:
“(a) The person who makes, records or disseminates the visualimage or recording is the father,
mother, sibling, grandparent, aunt, uncle or first cousin, by blood, adoption or marriage, of the per-
son under 12 years of age; and
“(b) The visual image or recording is made, recorded or disseminated for a purpose other than
arousing or gratifying the sexual desire of the person or another person.
“(6) As used in this section:
“(a) ‘Audio’ means speech or other sound that a person makes intentionally and for an
expressive purpose.
“[(a)] (b) ‘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
beingseen:
“(i)Genitals;
“(ii) Pubic areas; or
“(iii) Female breasts below the point immediately above the top of the areola.
“[(b)] (c) ‘Made or recorded a photograph, motion picture, videotape or other visual image or
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 image or recording.
“[(c)] (d) ‘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)] (e) ‘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.
“(f) ‘Private space’ means:
“(A) A bedroom or other area that a person would ordinarily use for sleeping;
“(B) A bathroom, washroom, water closet or other area in which a person can perform
private bodily functions or attend to private bodily needs; or
“(C) Other areas that are not common areas of transient lodging or are not otherwise
open to free or uninvited access by the transient lodging provider, occupants of other
dwelling units within the transient lodging or visitors to the transient lodging.
“[(e)] (g) ‘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.
“(h) ‘Transient lodging’ means:
“(A) A hotel, motel, inn or other dwelling unit that is used for temporary human occu-
pancy; or
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“(B) A house, cabin, condominium, apartment unit or other dwelling unit, or a portion
of a house, cabin, condominium, apartment unit or other dwelling unit, that is used for
temporary human occupancy.
“(i) ‘Transient lodging intermediary’ has the meaning given that term in ORS 320.300.
“(j) ‘Transient lodging provider’ means a person that provides transient lodging in return
forcompensation.
“(k) ‘Visual image or recording’ means a still or moving picture, taken or recorded by
means of a mechanical or electronic camera or similar device that can capture and render
a realistic and accurate facsimile of a person’s appearance for storage and later reproduction
or for immediate or delayed transmission via any medium, including the Internet.
“SECTION 2. This 2025 Act takes effect on the 91st day after the date on which the 2025
regular session of the Eighty-third Legislative Assembly adjourns sine die. ”.
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