Offenses Against Persons

ORS 163.476
Unlawfully being in a location where children regularly congregate


(1)

A person commits the crime of unlawfully being in a location where children regularly congregate if the person:

(a)

(A) Has been designated a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders);

(B)

Has been classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3) or is an unclassified adult sex offender designated as predatory prior to January 1, 2014, and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person’s supervisory authority or supervising officer to be in or upon the specific premises;

(C)

Has been sentenced as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) upon conviction of a sex crime; or

(D)

Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and

(b)

Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.

(2)

As used in this section:

(a)

“Premises where persons under 18 years of age regularly congregate” means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.

(b)

“Sex crime” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).

(3)

Unlawfully being in a location where children regularly congregate is a Class A misdemeanor. [2005 c.811 §1; 2013 c.708 §12; 2015 c.820 §§17,24; 2017 c.442 §34; 2019 c.430 §5]
Note: The amendments to 163.476 (Unlawfully being in a location where children regularly congregate) by section 9, chapter 430, Oregon Laws 2019, become operative January 1, 2022. See section 21, chapter 430, Oregon Laws 2019. The text that is operative on and after January 1, 2022, is set forth for the user’s convenience.
163.476 (Unlawfully being in a location where children regularly congregate). (1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:

(a)

(A) Has been designated a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders);

(B)

Has been classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3), and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person’s supervisory authority or supervising officer to be in or upon the specific premises;

(C)

Has been sentenced as a dangerous offender under ORS 161.725 (Standards for sentencing of dangerous offenders) upon conviction of a sex crime; or

(D)

Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and

(b)

Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.

(2)

As used in this section:

(a)

“Premises where persons under 18 years of age regularly congregate” means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.

(b)

“Sex crime” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235).

(3)

Unlawfully being in a location where children regularly congregate is a Class A misdemeanor.
Note: 163.476 (Unlawfully being in a location where children regularly congregate) and 163.479 (Unlawful contact with a child) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Because legislature was concerned with fixed characteristic of places, rather than their use at any specific hour, and would not likely have defined restricted locations in terms of primary intended use if concerned only with actual use during specific periods, "places where persons under 18 years of age gather for regularly scheduled educational and recreational programs" do not cease being prohibited places during routine periods of inactivity. State v. Holsclaw, 286 Or App 790, 401 P3d 262 (2017), Sup Ct review denied

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021