Failure to report as sex offender
- defense
Source:
Section 163A.040 — Failure to report as sex offender; defense, https://www.oregonlegislature.gov/bills_laws/ors/ors163A.html.
Notes of Decisions
Registration requirement does not constitute additional punishment for past criminal offense. State v. Matthews, 159 Or App 580, 978 P2d 423 (1999)
Proper venue for failure to make annual report within 10 days of sex offender’s birthdate is county where offender was present ten days after birthdate or county where offender resides. State v. Massei, 247 Or App 30, 268 P3d 774 (2011)
Where defendant, required to comply with sex-offender reporting of this section, moved out of residence but at time of arrest had not yet secured new residence and address, defendant did not fail to report within 10-day window of this section because time in which to report is triggered by acquisition of new residence, not by vacating previous residence. State v. Hiner, 269 Or App 447, 345 P3d 478 (2015)
Failing to report move to new residence is felony if underlying sexual offense for which juvenile has been adjudicated would have been felony in Oregon because “the crime for which the person is required to report” refers to sexual offense for which person is convicted as adult or adjudicated as juvenile. State v. Hinkle, 287 Or App 786, 404 P3d 986 (2017), Sup Ct review denied
Reporting requirements for convicted sex offenders that are set forth in separate paragraphs in this section are separate crimes and therefore defendant’s convictions under each provision are not subject to merger, as provided in ORS 161.067. State v. Crider, 291 Or App 23, 418 P3d 18 (2018)
Requirement to sign sex offender registration form is part of requirement to report to authorities, with statute requiring only that both parts of requirement are completed within 10-day period. State v. Chandler, 293 Or App 705, 430 P3d 186 (2018)
As used in this section, “residence” refers to place where person is settled and intends to return, as distinct from place of transient visit or sojourn; correctional facility is not “residence” within meaning of this section. State v. Lafountain, 299 Or App 311, 451 P3d 246 (2019)
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