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Lawrence D. Gorin
Lawrence D. Gorin, Lawyer.
Category: Legal
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Experience:  30+ years of legal expertise. Informed, knowledgeable, helpful.
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i NEED TO KNOW WHAT THE VIDEO TAPING LAW IN OREGON IS.

Customer Question

No Comment Added
Submitted: 5 years ago.
Category: Legal
Expert:  Lawrence D. Gorin replied 5 years ago.
ANSWER:
The relevant criminal statutes are ORS 163.700 and 163.702. Text is as follows:

ORS 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)(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 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.

(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.

(3) Invasion of personal privacy is a Class A misdemeanor.

ORS 163.702. Exceptions to ORS 163.700. The provisions of ORS 163.700 do not apply to:

(1) 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

(2) 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.

Also, I checked with the Portland City Code and could not find any ordinances that limit or restrict video taping in public places.

http://www.portlandonline.com/auditor/index.cfm?c=28178

==============================
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Lawrence D. Gorin, Lawyer.
Category: Legal
Satisfied Customers: 1503
Experience: 30+ years of legal expertise. Informed, knowledgeable, helpful.
Lawrence D. Gorin and 8 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
What is the law regarding the audio portions of video taping?
Expert:  Lawrence D. Gorin replied 5 years ago.
YOUR QUESTION:
What is the law regarding the audio portions of video taping?

ANSWER:
ORS 165.535(1) says that the term “conversation” as used in ORS 165.540 means “the transmission between two or more persons of an oral communication which is not a telecommunication or a radio communication.”

ORS 165.540(1)(c) declares that it is unlawful for any person (except as otherwise authorized by law) to “obtain or attempt to obtain the whole or any part of a conversation by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or otherwise, unless all participants in the conversation are specifically informed that their conversation is being obtained.”

ORS 165.540(1)(e) makes it illegal to “use or attempt to use, or divulge to others, any conversation * * * obtained by any means prohibited by this section.

ORS 165.540(5) says that “The prohibitions in subsection (1)(c) of this section do not apply to:
      (a) A person who records a conversation during a felony that endangers human life;
      (b) A law enforcement officer who is in uniform and displaying a badge and who is operating a vehicle-mounted video camera that records the scene in front of, within or surrounding a police vehicle, unless the officer has reasonable opportunity to inform participants in the conversation that the conversation is being obtained; or
      (c) A law enforcement officer who, acting in the officer’s official capacity, deploys an Electro-Muscular Disruption Technology device that contains a built-in monitoring system capable of recording audio or video, for the duration of that deployment.

      (6) The prohibitions in subsection (1)(c) of this section do not apply to persons who intercept or attempt to intercept with an unconcealed recording device the oral communications that are part of any of the following proceedings:
      (a) Public or semipublic meetings such as hearings before governmental or quasi-governmental bodies, trials, press conferences, public speeches, rallies and sporting or other events;
      (b) Regularly scheduled classes or similar educational activities in public or private institutions; or
      (c) Private meetings or conferences if all others involved knew or reasonably should have known that the recording was being made.

      (8) Violation of subsection (1) of this section is a Class A misdemeanor.

===========================
NOTE: As a courtesy to you, I have answered your second question without following the usual procedure of directing you to post it as a separate question, with a separate deposit being made. Under the circumstances, it would be appropriate for you to now make an additional payment, the same as if the usual procedure had been followed. Perhaps make this payment in the form of a “bonus” payment. And I thank you in advance.
Lawrence D. Gorin, Lawyer.
Category: Legal
Satisfied Customers: 1503
Experience: 30+ years of legal expertise. Informed, knowledgeable, helpful.
Lawrence D. Gorin and 8 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
I fully expected to pay for the second question.

And did so, you should have gotten paid for the second answer.

Thanks
Expert:  Lawrence D. Gorin replied 5 years ago.
Further Response
Thank you. You are a valued and honorable JA customer, and I had no doubt that you would do the right thing. But so many others are a bit careless or unthinking about this that force of habit results in my posting a "boiler plate" reminder statement. Please take no offense, as none was intended.
Regards,
Lawrence Gorin
Attorney at Law
Portland, Oregon
http://www.divorcesource.com/OR/pages/ldgorin.html

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