Oregon Voyeurism and Hidden Camera Laws: Offenses, Penalties, and Protections

Oregon has strong laws against voyeurism and hidden cameras. The state's invasion of personal privacy statutes, ORS 163.700 and ORS 163.701, specifically target visual recording in private settings and of intimate areas without consent. These statutes operate independently from Oregon's wiretapping law under ORS 165.540, creating multiple layers of protection against invasive recording.

This guide covers Oregon's voyeurism and hidden camera laws in 2026, including what conduct is illegal, the penalties for violations, how these laws interact with other recording statutes, and what protections are available for victims.

Oregon's Invasion of Personal Privacy Statutes

ORS 163.700: Second Degree (Class A Misdemeanor)

ORS 163.700 makes it a Class A misdemeanor for a person to knowingly make or record a photograph, motion picture, videotape, or other visual recording of another person in a state of nudity or depicting the intimate area of another person, without the consent of the person being recorded, in a setting where the person has a reasonable expectation of privacy.

The statute covers several specific scenarios:

Recording in private areas. Placing a camera in a bathroom, dressing room, locker room, tanning booth, or similar private space to record a person without consent.

Recording under or through clothing. Using a camera to record under a person's clothing (commonly called "upskirting" or "downblousing") to capture images of intimate areas.

Recording through barriers. Using a camera to record a person on the other side of a wall, door, window, or other barrier where the person has a reasonable expectation of privacy.

ORS 163.701: First Degree (Class C Felony)

ORS 163.701 elevates invasion of personal privacy to a Class C felony when:

• The person disseminates, displays, or uses the recorded images beyond the act of recording itself
• The victim is under 18 years of age

Dissemination includes sharing images or video through any medium: social media, text messages, email, websites, or physical distribution. Even showing the recording to one other person can constitute dissemination.

What "Intimate Area" Means

Oregon law defines "intimate area" to include:

• Genitalia
• Buttocks
• Breast area (for female-presenting individuals)
• Any area of the body normally covered by undergarments

This definition is broad enough to cover recording that captures these areas through clothing, under clothing, or while a person is in a state of undress.

What "Reasonable Expectation of Privacy" Means

The "reasonable expectation of privacy" standard examines whether a person in the recorded setting would reasonably believe they were not being observed or recorded. Locations with a strong expectation of privacy include:

• Private bathrooms and restrooms (home, workplace, public)
• Dressing rooms in retail stores
• Locker rooms in gyms, schools, and recreation centers
• Hotel rooms and private bedrooms
• Shower and bathing facilities
• Medical examination rooms
• Tanning booths and similar enclosed spaces
• Changing areas at swimming pools and beaches

Public spaces generally do not carry a reasonable expectation of privacy for what is visible to the naked eye. However, recording intimate areas through or under clothing violates ORS 163.700 regardless of the public setting.

Penalties for Voyeurism Offenses

Second Degree (ORS 163.700)

Penalty	Maximum
Classification	Class A misdemeanor
Jail time	Up to 364 days
Fine	Up to $6,250
Probation	Up to 5 years

First Degree (ORS 163.701)

Penalty	Maximum
Classification	Class C felony
Prison time	Up to 5 years
Fine	Up to $125,000
Probation	Up to 5 years post-release

Sex Offender Registration

Under ORS 163A.005, the court may classify first-degree invasion of personal privacy as a sex crime. If classified as a sex crime, the convicted person must register as a sex offender, which carries:

• Mandatory registration with the Oregon State Police Sex Offender Registration Unit
• Public listing on the sex offender registry
• Residency restrictions
• Employment limitations
• Ongoing reporting requirements
• Registration period based on classification level

Additional Criminal Charges

Voyeurism conduct may also result in additional charges:

• Stalking under ORS 163.732 if the recording is part of a pattern of unwanted contact
• Harassment under ORS 166.065 if the conduct is intended to harass, annoy, or alarm
• ORS 165.540 violations if the hidden camera also captured audio of in-person conversations
• Child pornography charges under ORS 163.684 if the victim is a minor and the recording is sexually explicit

Common Hidden Camera Scenarios

Hidden Cameras in Bathrooms

Placing a hidden camera in any bathroom is a violation of ORS 163.700. This includes:

• Installing cameras disguised as everyday objects (smoke detectors, electrical outlets, air fresheners)
• Using pinhole cameras concealed in walls or fixtures
• Leaving a phone or recording device in a position to record
• Placing cameras in both residential and commercial bathrooms

The violation applies regardless of whether images were actually captured. The act of knowingly making or recording the visual recording triggers the statute.

Hidden Cameras in Dressing Rooms

Retail fitting rooms and dressing rooms are specifically protected. Hidden cameras in these locations violate ORS 163.700. Retailers and their employees face criminal liability, and victims may pursue civil claims for damages.

Hidden Cameras in Rental Properties

Landlords and property managers who install hidden cameras in rental units face criminal prosecution under ORS 163.700 and potential first-degree charges under ORS 163.701 if recordings are disseminated. This includes:

• Cameras hidden in bedrooms or bathrooms of rental units
• Cameras placed in Airbnb or short-term rental properties
• Cameras concealed in smoke detectors, clocks, or other objects
• Any recording device placed where tenants have a reasonable expectation of privacy

Tenants who discover hidden cameras should:

1. Do not touch or move the camera
2. Document the camera's location with photographs from your own device
3. Contact local law enforcement immediately
4. Contact the Oregon Department of Justice consumer protection division
5. Consult with an attorney about civil remedies

Hidden Cameras in the Workplace

Employers who place cameras in employee bathrooms, changing rooms, or similar private areas violate ORS 163.700. This applies to cameras in:

• Employee restrooms
• Staff changing rooms and locker facilities
• Nursing rooms or lactation spaces
• Any workspace where employees change clothing

Workplace cameras in common areas (halls, lobbies, sales floors) are generally legal for video-only recording.

"Upskirting" and "Downblousing"

Recording under or through a person's clothing to capture images of intimate areas is illegal under ORS 163.700 regardless of the location. This conduct is prohibited in:

• Public transit
• Escalators and stairways
• Stores and shopping areas
• Schools and universities
• Workplaces
• Any location, public or private

Interaction With Oregon's Wiretapping Law

How ORS 165.540 and ORS 163.700 Work Together

Oregon's voyeurism statutes and wiretapping statute are separate laws that can apply simultaneously:

ORS 163.700/701 targets visual recording of intimate areas and private settings. It applies regardless of whether audio is captured.

ORS 165.540 targets audio recording of conversations. It applies when a recording device captures in-person conversations without all-party notification.

A hidden camera that records both video and audio in a private setting could violate both statutes simultaneously, resulting in:

• A Class A misdemeanor under ORS 163.700 for the visual invasion of privacy
• A Class A misdemeanor under ORS 165.540 for the audio recording without notification
• Potential felony charges under ORS 163.701 if images are disseminated or the victim is a minor
• Civil liability under both ORS 133.739 (wiretapping) and common law tort claims

The Split Consent Framework Connection

Oregon's split consent framework is primarily relevant to ORS 165.540 (audio), not ORS 163.700 (visual). However, when a hidden camera captures both audio and visual content:

• The audio component requires all-party notification under the in-person rule
• The visual component requires consent when recording intimate areas or in private settings
• Phone calls are not relevant to the voyeurism statute (no visual recording)

Protections for Victims

Criminal Reporting

Victims of voyeurism in Oregon should:

• Report the crime to local law enforcement
• Preserve any evidence, including communications about the recording
• Request a protective order if the perpetrator is known
• Contact the Oregon Crime Victims' Rights Program through the Oregon Department of Justice

Civil Remedies

Victims can pursue civil lawsuits against perpetrators:

• Tort claims: Invasion of privacy, intentional infliction of emotional distress
• ORS 133.739: If audio was captured, civil damages for wiretapping violation
• Statutory damages: Minimum damages under applicable statutes
• Compensatory damages: For emotional distress, therapy costs, and other actual harm
• Punitive damages: To punish egregious conduct

Protective Orders

Oregon courts can issue protective orders under ORS 163.738 (stalking protective orders) when voyeurism conduct constitutes stalking behavior. These orders can prohibit the offender from:

• Contacting the victim
• Coming within a specified distance of the victim
• Possessing the recorded material
• Sharing or disseminating recorded material

Revenge Pornography Laws

If intimate images are shared without consent, Oregon's ORS 163.472 (unlawful dissemination of an intimate image) provides additional protection. This statute makes it a Class A misdemeanor to intentionally disseminate a photograph or video of a person in a state of nudity or engaged in sexual conduct without the person's consent, when the person had a reasonable expectation of privacy.

Oregon Recording Laws by Topic

Phone Call Recording | Audio Recording | Video Recording | Workplace Recording | Recording Police | Security Cameras | Recording in Public | Landlord-Tenant | Dashcam Laws | Schools | Medical Recording | Voyeurism & Hidden Cameras

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