Modifies the meaning of "sexually explicit conduct" for certain crimes involving children.

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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
House Bill 2974
Sponsored by Representative HARTMAN (Presession filed.)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure as introduced. The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act changes the meaning of a term and enhances a sentence for some crimes in-
volving children. The Act takes effect on the 91st day after sine die. (Flesch Readability Score: 77.8).
Modifies the meaning of “sexually explicit conduct” for certain crimes involving children.
Directs the Oregon Criminal Justice Commission to classify invasion of personal privacy in the
first degree as a crime category 8 on the sentencing guidelines grid when the victim is a minor.
Takes effect on the 91st day following adjournment sine die.
A BILL FOR AN ACT
Relating to crimes involving children; creating new provisions; amending ORS 163.701; and pre-
scribing an effective date.
Be It Enacted by the People of the State of Oregon:
SECTION 1.
Section 2 of this 2025 Act is added to and made a part of ORS 163.665 to
163.693.
SECTION 2. Notwithstanding ORS 163.665, as used in ORS 163.670, 163.684, 163.686 and
163.687, “sexually explicit conduct” includes the exhibition or display of the sexual or other
intimate parts of a child when the child is being observed or recorded for the specific intent
of arousing the sexual desire of the observer or recorder, regardless of whether the child
knows that the child is being observed or recorded.
SECTION 3. ORS 163.701 is amended to read:
163.701. (1) Except as provided in ORS 163.702, a person commits the crime of invasion of per-
sonal 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 :
(A) Crime category 6 of the sentencing guidelines grid of the commission.
(B) Crime category 8 of the sentencing guidelines grid of the commission, if the person
NOTE: Matter in boldfaced type in an amended section is new; matter [ italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 2490
HB 2974
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whose privacy is invaded is under 18 years of age.
(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 reg-
ister and report as a sex offender for the safety of the community.
SECTION 4.
Section 2 of this 2025 Act and the amendments to ORS 163.701 by section 3
of this 2025 Act apply to conduct occurring on or after the effective date of this 2025 Act.
SECTION 5. 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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