Sex Offender Reporting & Registration
Failure to report as sex offender
ORS > Criminal Code > Sex Offender Reporting & Registration > 163A.040
(1) M(a): anyone who is required to report as a sex offender in accordance with the applicable provisions of:
and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if they:
(a) fail to make the initial report to an agency
(b) fail to report when they work at, carries on a vocation at or attends an institution of higher education
(c) fail to report following a change of school enrollment or employment status, including enrollment, employment or vocation status at an institution of higher education
(d) fail to report following a change of residence
(e) fail to make an annual report
(f) fail to provide complete & accurate information
(g) fails to sign the sex offender registration form as required
(h) fail or refuse to participate in a sex offender risk assessment as directed by the State Board of Parole & Post-Prison Supervision, Psychiatric Security Review Board, Oregon Health Authority or supervisory authority OR
(i) fail to submit to fingerprinting or to having a photograph taken of their face, identifying scars, marks or tattoos
(2)(a) it'as an affirmative defense to a charge of failure to report under (1)(d) by anyone required to report under:
• 163A.015 (reporting by sex offender discharged, released or placed on probation by court or another united states jurisdiction) (4)(a)(B) or
that they reported, in person, within ten (10) days of a change of residence to the Department of State Police, a city police department or a county sheriff's office, in the county of the their new residence, if they otherwise complied with all reporting requirements of:
(b) it's an affirmative defense to a charge of failure to report under paragraph (1)(a) by someone required to report under 163A.025 (reporting by sex offender adjudicated in juvenile court) (2)(b)(A)(i) that they reported, in person, to the Department of State Police in Marion County, Oregon, within ten (10) days of moving into this state.
(c) it's an affirmative defense to a charge of failure to report under paragraph (1)(a) by someone required to report under 163A.025 (reporting by sex offender adjudicated in juvenile court) (2)(b)(B)(i) that they reported, in person, to the Department of State Police in Marion County, Oregon, within six (6) months of moving into this state
(d) It is an affirmative defense to a charge of failure to report under paragraph (1) by someone required to report under 163A.025 (reporting by sex offender adjudicated in juvenile court) (2)(b)(A)(ii) or (B)(ii) that they reported, in person, to the Department of State Police in Marion County, Oregon, if they otherwise complied with all reporting requirements
(e) It is an affirmative defense to a charge of failure to report under paragraph (1) by someone required to report under 163A.025 (reporting by sex offender adjudicated in juvenile court) (3) that they reported, in person, to the Department of State Police, a city police department or a county sheriff's office, in the county of their residence, if they otherwise complied with all reporting requirements
(f) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under 163A.010 (reporting by sex offender discharged, paroled or released from correctional facility or another u.s. jurisdiction) (3) that the person reported to the Oregon Youth Authority if the person establishes that the authority registered the person under 163A.010 (reporting by sex offender discharged, paroled or released from correctional facility or another u.s. jurisdiction) (3)(c)
(g) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under 163A.025 (reporting by sex offender adjudicated in juvenile court) (2) or (3) that the person reported to the Oregon Youth Authority or a county juvenile department if the person establishes that the authority or department registered the person under 163A.025 (reporting by sex offender adjudicated in juvenile court).
(A) (1)(a) of this section OR
(B) (1)(b), (c), (d) or (g) of this statute AND the crime for which they're required to report is a felony.
(4) V: anyone who fails to sign & return an address verification form as required by 163A.035 (Registration forms) (4)
Reporting by sex offender adjudicated in juvenile court
ORS > Criminal Code > Sex Offender Reporting & Registration > 163A.025
(1) anyone:
• found to be within the jurisdiction of the juvenile court under 419C.005 (jurisdiction)
• found by the juvenile court to be responsible except for insanity under 419C.411 (disposition order), for having committed an act that, if committed by an adult, would be a felony sex crime
will report as a sex offender as described in subsections (2) to (4), unless the juvenile court enters an order under:
relieving them of the obligation to report, if:
(a) they have been ordered under 163A.030 (hearing on issue of reporting by sex offender adjudicated in juvenile court) to report as a sex offender
(b) they were adjudicated, & the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended, prior to August 12, 2015
(c) they were adjudicated prior to August 12, 2015, & the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended after August 12, 2015, and before April 4, 2016 OR
(d) they were found in a juvenile adjudication in another United States court to have committed an act while the person was under 18 that would constitute a felony sex crime if committed in this state by an adult.
(2) anyone described in subsection (1)(a) or (d) above, or anyone described in (1)(c) who didn't make an initial report prior to April 4, 2016, and who lives in Oregon will make an initial report, in person, to the Department of State Police, a city police department or a county sheriff's office as follows:
(a) they will report no later than ten (10) days after the date of the court order requiring them to report under 163A.030 (Hearing on issue of reporting by sex offender adjudicated in juvenile court)
(b) if the person is judged for the act resulting in the obligation to report in another U.S. court & they committed an act when committed by an adult in Oregon would be:
(A) a Class A or Class B felony sex crime:
(i) if they're not a resident of Oregon at the time of the judgement, they'll' make their initial report to the Department of State Police, a city police department or a county sheriff's office, in the county of their residence, no later than ten (10) days after the date they move into Oregon OR
(ii) if they are a resident of Oregon at the time of the judgement, they will make their initial report to the Department of State Police, a city police department or a county sheriff's office, in the county of their residence, no later than ten (10) days after the date they're' discharged, released or placed on probation or any other form of supervised or conditional release by the other U.S. court or, if confined in a correctional facility by the other court, no later than ten (10) days after the date they are discharged or otherwise released from the facility.
(B) A Class C felony sex crime:
(i) it they aren't a resident of Oregon at the time of the judgement, they will make their initial report to the Department of State Police, a city police department or a county sheriff's office, in their county of residence, no later than six (6) months after the date they move into Oregon OR
(ii) if they are a resident of Oregon at the time of the judgment, they'll make their initial report to the Department of State Police, a city police department or a county sheriff's office, in their county of residence, no later than ten (10) days after the date they're discharged, released or placed on probation or any other form of supervised or conditional release by the other U.S. court or, if they're confined in a correctional facility by the other U.S. court, no later than ten (10) days after the date they're discharged or otherwise released from the facility OR
(c) for anyone described in (1)(c) who didn't make an initial report prior to April 4, 2016, they will report no later than 120 days after April 4, 2016
(3) after:
• making the initial report described in (2)
• for someone described in (1)(c) who made an initial report prior to April 4, 2016
• a person described in (1)(b)
beginning after April 4, 2016, the person will report, in person, to the Department of State Police, a city police department or a county sheriff's office, in their county of last reported residence:
(a) within ten (10) days of a change of residence
(b) once each year within ten (10) days of their birth date, regardless of whether they changed residence
(c) within ten (10) days of the first day they work at, carry on a vocation at or attend an institution of higher education AND
(d) within ten (10) days of a change in work, vocation or attendance status at an institution of higher education
(4) when someone described in (1) of this section attends school or works in Oregon, resides in another state & is not otherwise required to report as a sex offender:
• under this statute or
they will report, in person, to the Department of State Police, a city police department or a county sheriff's office, in the county in which they attends school or works, no later than ten (10) days after:
(b) a change in school enrollment or employment
(5) the agency to which a person reports under this statute will complete a sex offender registration form concerning the person when the person reports under this statute
(6) as part of the registration & reporting requirements of this statute:
(a) anyone required to report will:
(A) provide the information necessary to complete the sex offender registration form & sign the form as required AND
(B) submit to the requirements described in paragraph (b) of this subsection.
(b) the Department of State Police, Oregon Youth Authority, city police department or county sheriff's office:
(A) will photograph the person when they initially report under this section, each time they report annually under (1)(a)(C) or (3)(a)(C) & each time the person reports under subsection (2)(a)(B)
(B) may photograph the person or any identifying scars, marks or tattoos located on them when they report under any of the circumstances described in this statute AND
(C) will fingerprint the person if their fingerprints are not included in the Department of State Police's record file
(7) The obligation to report under this section is terminated if the adjudication that gave rise to the obligation is reversed or vacated
(8) Notwithstanding subsections (2) and (3) of this section
(a) The Oregon Youth Authority may authorize a youth offender committed to its custody and supervision by order of the juvenile court, or a person placed in its physical custody under ORS 137.124 (Commitment of defendant to Department of Corrections or county) or any other provision of law, to report to the authority regardless of the youth offender's or the person's last reported residence
(b) A county juvenile department may authorize a youth offender or young person, as those terms are defined in ORS 419A.004 (Definitions), to report to the department, regardless of the county of the youth offender's or the young person's last reported residence
Reporting by sex offender discharged, paroled or released from correctional facility or another U.S. jurisdiction
ORS > Criminal Code > Sex Offender Reporting & Registration > 163A.010
(1) the agency to which a person reports under (3) will complete a sex offender registration form concerning the person when the person reports under (3)
(2) (3) applies to anyone who:
(a) is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in Oregon at which they were confined as a result of:
(A) conviction of a sex crime or a crime for which they would have to register as a sex offender under federal law OR
(B) having been found guilty except for insanity of a sex crime;
(b) is paroled to Oregon under 144.610 (out-of-state supervision of parolees) after being convicted in another U.S. court of a crime:
(B) for which they would have to register as a sex offender in that court's jurisdiction, or as required under federal law, regardless of whether the crime is considered a sex crime in Oregon
(c) is discharged by the court under 161.329 (order of discharge) after being found guilty except for insanity of a sex crime
(3)(a) someone, as described (2), will report, in person, to the Department of State Police, a city police department or a county sheriff's office, in the county to which the person was discharged, paroled or released or in which the person was otherwise placed:
(A) within ten (10) days following discharge, release on parole, post-prison supervision or other supervised or conditional release
(B) within ten 10 days of a change of residence
(C) once a year within ten (10) days of their birth date, regardless of whether they changed residence
(D) within ten (10) days of the first day they work at, carry on a vocation at or attend an institution of higher education AND
(E) within ten (10) days of a change in work, vocation or attendance status at an institution of higher education
(b) anyone required to report under this subsection who has complied with the initial reporting requirement under (a)(A), will subsequently report in person as specified in (a), & as applicable, to the Department of State Police, a city police department or a county sheriff's office, in the county of their last reported residence
(c) regardless of paragraphs (a) & (b), during the period of supervision or custody authorized by law, the Oregon Youth Authority may authorize a youth offender committed to its supervision & custody by order of the juvenile court or other person placed in its physical custody under 137.124 (Commitment of defendant to Department of Corrections or county) - or any other provision of law - to report to the authority regardless of the youth offender's or other's last reported residence.
(d) in the event that someone reports to the authority under this subsection, the authority shall register the person
(e) the obligation to report under this subsection terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned
(4) as part of the registration & reporting requirements of this statute:
(a) anyone required to report will:
(A) provide the information necessary to complete the sex offender registration form & sign the form as required AND
(B) submit to the requirements described in paragraph (b) of this subsection.
(b) the Department of State Police, Oregon Youth Authority, city police department or county sheriff's office:
(A) will photograph the person when they initially report under this section & each time they report annually under this section
(B) may photograph the person or any identifying scars, marks or tattoos located on them when they report under any of the circumstances described in this statute AND
(C) will fingerprint the person if their fingerprints are not included in the Department of State Police's record file
Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction
ORS > Criminal Code > Sex Offender Reporting & Registration > 163A.015
(1) the agency to which a person reports under (3) will complete a sex offender registration form concerning the person when the person reports under (3)
(2) (4) applies to anyone who is discharged, released or placed on probation:
(a) by the court after being convicted in Oregon of a sex crime
(b) by a federal court after being convicted of a crime for which they would have to register as a sex offender under federal law, regardless of whether the crime would constitute a sex crime in Oregon OR
(c) to or in Oregon under 144.610 (out-of-state supervision of parolees) after being convicted in another U.S. court of a crime:
(B) for which the person would have to register as a sex offender in that court's jurisdiction, regardless of whether the crime would constitute a sex crime in Oregon
(3) the court will ensure that the person completes a form that documents their obligation to report under 163A.010 (reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) or this statute. No later than three (3) working days after the person completes the form required by this subsection, the court will ensure that the form is sent to the Department of State Police
(4)(a) someone, as described (2), will report, in person, to the Department of State Police, a city police department or a county sheriff's office, in the county to which the person was discharged, paroled or released or in which the person was otherwise placed:
(A) within ten (10) days following discharge, release on parole, post-prison supervision or other supervised or conditional release
(B) within ten 10 days of a change of residence
(C) once a year within ten (10) days of their birth date, regardless of whether they changed residence
(D) within ten (10) days of the first day they work at, carry on a vocation at or attend an institution of higher education AND
(E) within ten (10) days of a change in work, vocation or attendance status at an institution of higher education
(b) anyone required to report under this subsection who has complied with the initial reporting requirement under (a)(A), will subsequently report in person as specified in (a), & as applicable, to the Department of State Police, a city police department or a county sheriff's office, in the county of their last reported residence
(c) the obligation to report under this subsection terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned
(5) as part of the registration & reporting requirements of this statute:
(a) anyone required to report will:
(A) provide the information necessary to complete the sex offender registration form & sign the form as required AND
(B) submit to the requirements described in paragraph (b) of this subsection.
(b) the Department of State Police, Oregon Youth Authority, city police department or county sheriff's office:
(A) will photograph the person when they initially report under this section & each time they report annually under this section
(B) may photograph the person or any identifying scars, marks or tattoos located on them when they report under any of the circumstances described in this statute AND
(C) will fingerprint the person if their fingerprints are not included in the Department of State Police's record file
Reporting by sex offender upon moving into state
ORS > Criminal Code > Sex Offender Reporting & Registration > 163A.020
(1)(a) when a person described in subsection (6) of this section moves into this state and is not otherwise required by:
to report, they will report, in person, to the Department of State Police, a city police department or a county sheriff's office, in their county of residence:
(A) no later than ten (10) days after moving into Oregon
(B) within ten (10) days of a change of residence
(C) once a year within ten (10) days of their birth date, regardless of whether they changed residence
(D) within ten (10) days of the first day they work at, carry on a vocation at or attend an institution of higher education AND
(E) within ten (10) days of a change in work, vocation or attendance status at an institution of higher education
(b) if a person required to report under this subsection has complied with the initial reporting requirement under paragraph (a)(A) of this subsection, they shall subsequently report, in person, in the circumstances specified in paragraph (a) of this subsection, as applicable, to the Department of State Police, a city police department or a county sheriff's office, in the county of their last reported residence.
• subsection (6) of this statute
attends school or works in Oregon, resides in another state and is not otherwise required by
to report, the person will report, in person, to the Department of State Police, a city police department or a county sheriff's office, in the county in which the school or place of work is located, no later than ten (10) days after:
(A) The first day of school attendance or the 14th day of employment in this state; and
(B) A change in school enrollment or employment.
(b) As used in this subsection, attends school means enrollment in any type of school on a full-time or part-time basis
(3)(a) Within ten (10) days following:
(A)(i) discharge, release on parole or release on any form of supervised or conditional release, from a jail, prison or other correctional facility or detention facility; or
(ii) discharge, release or placement on probation, by another U.S. court
(B) within ten 10 days of a change of residence
(C) once a year within ten (10) days of their birth date, regardless of whether they changed residence
(D) within ten (10) days of the first day they work at, carry on a vocation at or attend an institution of higher education AND
(E) within ten (10) days of a change in work, vocation or attendance status at an institution of higher education
(b) if a person required to report under this subsection has complied with the applicable initial reporting requirement under paragraph (a)(A), they will subsequently report, in person, in the circumstances specified in paragraph (a), as applicable, to the Department of State Police, a city police department or a county sheriff's office, in the county of their last reported residence
(4) when someone reports under this statute, the agency to which they report will complete a sex offender registration form concerning the person
(5) the obligation to report under this section terminates if the conviction or adjudication that gave rise to the obligation is reversed or vacated or if the registrant is pardoned
(b) for which they would have to register as a sex offender in that court's jurisdiction, or as required under federal law, regardless of whether the crime would constitute a sex crime in Oregon
(7) as part of the registration & reporting requirements of this statute:
(a) anyone required to report will:
(A) provide the information necessary to complete the sex offender registration form & sign the form as required AND
(B) submit to the requirements described in paragraph (b) of this subsection.
(b) the Department of State Police, Oregon Youth Authority, city police department or county sheriff's office:
(A) will photograph the person when they initially report under this section, each time they report annually under (1)(a)(C) or (3)(a)(C) & each time the person reports under subsection (2)(a)(B)
(B) may photograph the person or any identifying scars, marks or tattoos located on them when they report under any of the circumstances described in this statute AND
(C) will fingerprint the person if their fingerprints are not included in the Department of State Police's record file
© 2020 - 2021 Ross Dargahi - Disclaimer - About