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crhrfinal offense that contributed to the determination that the premises are not fit for <br />use. <br /> <br />_Section 2. Section 4.810 of the Eugene Code, 197t, is amended as follows: <br /> <br />4~810 Viol. vac_2 of Another. <br /> (1) No person, other than an officer performing a lawful duty, shall enter upon <br />land or into a 'building used in whole or part as a dwelling not the person's own without permission <br />of the owner or person entitled ro possession thereof and while so trespassing look through or <br />attempt to look through a window~ door or transom of the dwelling or that part of the building used <br />as a dwelling with the intent to violate the privacy of any other person. <br /> (2) No person shall knowingly make or record a photograph, motion picture, <br />videotape or other visual recording of another person in a state of nudity without the consent of the <br />person being recorded i~ at the time the recording is being made or recorded, the person being <br />recorded ~s in a place and circumstance where the person has a reasonable expectation of personal <br />privacy. <br /> (3) No person shall, for the purpose of arousing or gratifying the sexual desire of <br />the person~ be in a location to observe another person in a state ofnudky without the consent of the <br />other person while hhe other person is in a place and circumstance where the person has a reasonable <br />expectation of personal privacy. <br /> (4) Subsections (2) and (3) of this section shall not apply to: <br /> (a) Any legitimate medical procedure performed by or under direction of <br /> a person licensed to provide medical service ~br the purpose of medical diagnosis, <br /> ~reatmenr~ education or research, including, but not limited to, the recording of <br /> medical procedures; and <br /> (b) Any activity undertaken in the course of bona fide law en~brcement <br /> or corrections activity or necessary to the proper functioning of the criminal justice <br /> sys~em~ including but not limited to the operation and management of jails, prisons <br /> and other youth and adult corrections facilities. <br /> (5) As used in subsections (2), (3) and (4) of this section, the following terms and <br /> <br />phrases mean: <br /> <br /> Make or record a photograph, motion picture, vi.d. eotape or other visual <br />recording. Includes, but is not limited to, making or recording or employing, <br />authorizing, permitting, compelling or inducing another person to make or record a <br />photograph, motion picture, videotape or other visual recording. <br /> Nudi. t~. Means uncovered, or less than opaquely covered~ post-pubescent <br />human genitals, pubic areas or a post-pubescent human female breast below' a point <br />immediately above the top of the areola. Nudity includes a partial state of nudity. <br /> Place and circumstance where the person has a reasonable expectation of <br />pcrso . Includes, but is not limited to, a bathroom, dressing room, locker <br />room thai includes an area for dressing or showering, tanning booth and any area <br />where a person undresses in an enclosed space that is not open to public view, <br /> Public view. Means that an area can be readily seen and that a person within <br /> <br />Ordinance - 2 <br /> <br /> <br />