(1) The provisions of ORS 163.700 and 163.701 do not apply to:
(a) 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
(b) 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.
(2) The provisions of ORS 163.701 (1)(a) do not apply to a visual recording of a person under 12 years of age if:
(a) The person who makes or records the visual recording is the father, mother, sibling, grandparent, aunt, uncle or first cousin, by blood, adoption or marriage, of the person under 12 years of age; and
(b) The visual recording is made or recorded for a purpose other than arousing or gratifying the sexual desire of the person or another person.