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)
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