(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal 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 crime category 6 of the sentencing guidelines grid of the commission.
(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 register and report as a sex offender for the safety of the community.