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

Independently fact-checkedEditor-reviewedLaw current as of November 1, 2026By Recording Law Editorial TeamReviewed November 2, 202610 min read

Independently fact-checked against primary sources (last audited November 1, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of November 1, 2026. · 7 primary sources cited on this page. How we verify our legal content

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

Oregon prohibits visual recording of intimate areas without consent under ORS 163.700 and ORS 163.701. Recording in a private setting is a Class A misdemeanor; the offense rises to a Class C felony if the recording shows a person in a state of nudity in a place where they expect privacy, or the person recording has a prior conviction for invasion of privacy, indecency, or a sex crime.

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. Using a camera in a bathroom, dressing room, locker room, tanning booth, or similar private space to record a person's intimate area 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 recording captures the other person in a state of nudity (any part of the uncovered or less than opaquely covered genitals, pubic area, or female breast below the top of the areola), made without consent in a place where the person has a reasonable expectation of privacy
  • The person recording has a prior conviction for invasion of personal privacy, public indecency, private indecency, or a sex crime (or an equivalent offense in another jurisdiction)

Disseminating recorded images is a separate offense in Oregon under ORS 163.472 (unlawful dissemination of an intimate image), discussed below. Dissemination is not, by itself, an element that elevates a 163.700 recording to first-degree invasion of personal privacy.

What "Intimate Area" Means

Oregon law defines "intimate area" as nudity, or undergarments being worn by a person that are covered by clothing. "Nudity" in turn means any uncovered or less-than-opaquely-covered:

  • Genitals
  • Pubic area
  • Female breast below a point immediately above the top of the areola

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

desk phone with its handset off the hook lying beside the base

Second Degree (ORS 163.700)

PenaltyMaximum
ClassificationClass A misdemeanor
Jail timeUp to 364 days
FineUp to $6,250
ProbationUp to 5 years

First Degree (ORS 163.701)

PenaltyMaximum
ClassificationClass C felony
Prison timeUp to 5 years
FineUp to $125,000
ProbationUp to 5 years post-release

Sex Offender Registration

Under ORS 163.701(3), the court may designate first-degree invasion of personal privacy as a sex crime under ORS 163A.005. If classified as a sex crime, the convicted person must register as a sex offender, which carries:

Oregon voyeurism under ORS 163.700 is a Class A misdemeanor of up to 364 days and $6,250; recording a nude person without consent in a private place is a Class C felony of up to 5 years under ORS 163.701.
Secretly recording intimate areas is a crime from the first offense; recording a nude person without consent where privacy is expected is a felony.
  • Registration with the Oregon State Police and ongoing reporting requirements
  • Classification into a risk level, which controls how much information is released; only level three registrants are posted on the State Police public website under ORS 163A.215, while information about lower levels is released on request
  • Restrictions on being near places where children congregate, which by statute apply only to level three registrants and certain designated offenders, plus any residence or employment conditions set as part of supervision

The designation is not automatic: under ORS 163.701(3), the court may designate the offense a sex crime only if it finds the circumstances require registration for the safety of the community.

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

Oregon glass-walled conference room with figures behind translucent doors

Hidden Cameras in Bathrooms

Using a hidden camera to record a person's intimate area in a bathroom violates ORS 163.700, and recording a person in a state of nudity there is a felony under ORS 163.701. 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 completed offense requires that the camera actually make or record an image of someone. Setting up a hidden camera that never captures anyone can still be prosecuted as an attempt under ORS 161.405, which applies to a substantial step toward committing the crime; an attempted Class A misdemeanor is a Class B misdemeanor, and an attempted Class C felony is a Class A misdemeanor.

Hidden Cameras in Dressing Rooms

Retail fitting rooms and dressing rooms are specifically protected. Using a hidden camera in these locations to record a person's intimate area violates 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 the recording captures a tenant in a state of nudity or the landlord has a prior conviction for invasion of privacy, indecency, or a sex crime. 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, including a suit under ORS 30.831, which must be filed within two years and expressly covers short-term rental hosts and platforms that record guests (video or audio) in private spaces

Hidden Cameras in the Workplace

Employers who use cameras in employee bathrooms, changing rooms, or similar private areas to record an employee's intimate area 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

Oregon dressing room mirror with clothing items hanging on hooks beside it

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 the recording captures a person in a state of nudity or the person recording has a prior conviction for invasion of privacy, indecency, or a sex crime
  • Civil liability under ORS 30.831 (invasion of personal privacy) and common law tort claims; the statutory damages in ORS 133.739 do not apply, because that law covers only court-ordered interception violations

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:

Civil Remedies

Victims can pursue civil lawsuits against perpetrators:

  • ORS 30.831 (invasion of personal privacy): Covers hidden recordings of a person in a state of nudity in a private place, recordings of intimate areas made for sexual purposes, sharing such recordings, and short-term rental hosts or platforms that record guests (video or audio) in private spaces. A winning plaintiff recovers compensatory damages and reasonable attorney fees. The suit must be filed within two years of the conduct.
  • ORS 30.833 (dissemination of an intimate image): If images were shared in violation of ORS 163.472, the victim can recover the greater of actual damages or $5,000 in statutory damages per defendant, plus any profit the defendant made, punitive damages, and attorney fees.
  • Common-law tort claims: Invasion of privacy and intentional infliction of emotional distress, which can support compensatory and punitive damages.

The statutory damages in ORS 133.739 do not apply to a hidden camera that captured audio; that law covers only violations of the court-ordered interception provisions.

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 and Deepfake 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 crime to knowingly share an image showing another person's uncovered genitals, pubic area, or female nipples, or showing the person engaged in sexual conduct, with intent to harass, humiliate, or injure them, when the sharer knows or reasonably should know the person did not consent and the disclosure harms them. It is a Class A misdemeanor, and a Class C felony for someone with a prior conviction under the same statute. Exceptions include images the person voluntarily displayed in a public area and images originally made for a commercial purpose with the person's consent.

Oregon amended ORS 163.472 in 2024-2025 to address AI-generated and digitally altered intimate images (deepfakes). The amendments extend the prohibition to synthetic or manipulated images that depict a real person in a state of nudity or engaged in sexual conduct without consent, treating AI deepfakes the same as authentic photographs and videos.

The TAKE IT DOWN Act, signed into federal law on May 19, 2025 (Pub. L. 119-12), adds a federal layer of protection. The law's one-year platform-compliance deadline, May 19, 2026, has already passed, so covered platforms are now required to have a working 48-hour removal process in place. This law makes it a federal crime to publish or threaten to publish intimate visual depictions of a person without consent, including AI-generated deepfake images. It also requires websites and platforms to remove covered content within 48 hours of a victim's request. The TAKE IT DOWN Act does not give victims a right to sue; a separate federal law, 15 U.S.C. 6851, lets a person sue over the nonconsensual disclosure of intimate images. In Oregon, ORS 163.472 supports a criminal prosecution, and ORS 30.833 provides the state civil claim.

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Frequently Asked Questions

What is the penalty for hidden cameras in Oregon?

Using a hidden camera to record someone's intimate area in a private setting is invasion of personal privacy in the second degree under ORS 163.700, a Class A misdemeanor with up to 364 days in jail and a $6,250 fine. A camera that never captured anyone can still be charged as an attempt. If the recording shows the person in a state of nudity in a place where they expect privacy, or the person recording has a prior conviction for invasion of privacy, indecency, or a sex crime, it becomes a Class C felony under ORS 163.701 with up to 5 years in prison and a $125,000 fine.

Is upskirting illegal in Oregon?

Yes. Recording under or through a person's clothing to capture images of intimate areas violates ORS 163.700 regardless of whether the recording occurs in a public or private setting. This includes upskirting, downblousing, and any similar recording of intimate areas without consent.

Can I be required to register as a sex offender for voyeurism in Oregon?

Yes. If convicted of first-degree invasion of personal privacy under ORS 163.701, the court may classify the offense as a sex crime under ORS 163A.005. A sex crime classification requires mandatory registration as a sex offender with the Oregon State Police.

What should I do if I find a hidden camera in my rental?

Do not touch or move the camera. Document its location with photographs from your own device. Contact local law enforcement immediately. Then contact the Oregon Department of Justice consumer protection division and consult with an attorney about civil remedies. ORS 30.831 lets you sue for invasion of personal privacy, including against a short-term rental host who records guests, but the suit must be filed within two years.

Does Oregon have a revenge porn law?

Yes. ORS 163.472 makes it a crime to knowingly share an image showing another person's uncovered genitals, pubic area, or female nipples, or showing them engaged in sexual conduct, with intent to harass, humiliate, or injure them, when the sharer knows or should know they did not consent and they are harmed. It is a Class A misdemeanor, or a Class C felony with a prior conviction under the same law, and it covers realistic digitally altered images. Victims can also sue under ORS 30.833.

Updates

We corrected several sentences so they describe the crime as recording a person's intimate area rather than merely placing a camera, and cited ORS 163.701(3) as the source of the court's power to designate first-degree invasion of privacy a sex crime.

We corrected the felony threshold (any nudity in a private place, not full nudity), the elements of hidden-camera and revenge-porn offenses, and the sex offender registration consequences; replaced an inapplicable wiretap damages claim with Oregon's actual civil remedies (ORS 30.831 and 30.833, with the two-year filing deadline); and clarified that the federal TAKE IT DOWN Act does not create a right to sue.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the TAKE IT DOWN Act's signing date to May 19, 2025 (it was misstated as 2026) and noted its platform-compliance deadline has already passed.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Corrected the flagship fabrication of Oregon's first-degree invasion-of-privacy felony triggers (dissemination, victim under 18) to the statute's actual triggers (full state of nudity or a qualifying prior conviction) in six places, and corrected the definition of "intimate area," which does not include buttocks under Oregon law.

Removed a backwards parenthetical comparing ORS 163.701's nudity felony trigger to ORS 163.700's "intimate area" definition. ORS 163.700 defines "intimate area" as nudity OR covered undergarments, so nudity is the narrower category, not a "broader standard."

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. ORS 163.700 - Invasion of Personal Privacy in the Second Degree(oregonlegislature.gov).gov
  2. ORS 163.701 - Invasion of Personal Privacy in the First Degree(oregonlegislature.gov).gov
  3. ORS 163A.005 - Sex Crime Classification(oregonlegislature.gov).gov
  4. ORS 163.472 - Unlawful Dissemination of an Intimate Image(oregonlegislature.gov).gov
  5. ORS 165.540 - Obtaining Contents of Communications(oregonlegislature.gov).gov
  6. Oregon DOJ Crime Victims Rights(doj.state.or.us).gov
  7. ORS 133.739 - Civil Damages (limited to ORS 133.724 and 133.737 violations)(oregonlegislature.gov).gov
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