Sex Offender Reporting and Classification

ORS 163A.040
Failure to report as sex offender

  • defense


(1)

A person who is required to report as a sex offender in accordance with the applicable provisions of ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person:

(a)

Fails to make the initial report to an agency;

(b)

Fails to report when the person works at, carries on a vocation at or attends an institution of higher education;

(c)

Fails to report following a change of school enrollment or employment status, including enrollment, employment or vocation status at an institution of higher education;

(d)

Fails to report following a change of residence;

(e)

Fails to make an annual report;

(f)

Fails to provide complete and accurate information;

(g)

Fails to sign the sex offender registration form as required;

(h)

Fails or refuses to participate in a sex offender risk assessment as directed by the State Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board, Oregon Health Authority or supervisory authority; or

(i)

Fails to submit to fingerprinting or to having a photograph taken of the person’s face, identifying scars, marks or tattoos.

(2)

(a) It is an affirmative defense to a charge of failure to report under subsection (1)(d) of this section by a person required to report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3)(a)(B), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (4)(a)(B) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) (3)(a) that the person reported, in person, within 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 person’s new residence, if the person otherwise complied with all reporting requirements.

(b)

It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(A)(i) that the person reported, in person, to the Department of State Police in Marion County, Oregon, within 10 days of moving into this state.

(c)

It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(B)(i) that the person reported, in person, to the Department of State Police in Marion County, Oregon, within six months of moving into this state.

(d)

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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(A)(ii) or (B)(ii) that the person reported, in person, to the Department of State Police in Marion County, Oregon, if the person otherwise complied with all reporting requirements.

(e)

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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (3) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, if the person 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 ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3) that the person reported to the Oregon Youth Authority if the person establishes that the authority registered the person under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States 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 ORS 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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (8).

(3)

(a) Except as otherwise provided in paragraph (b) of this subsection, failure to report as a sex offender is a Class A misdemeanor.

(b)

Failure to report as a sex offender is a Class C felony if the person violates:

(A)

Subsection (1)(a) of this section; or

(B)

Subsection (1)(b), (c), (d) or (g) of this section and the crime for which the person is required to report is a felony.

(4)

A person who fails to sign and return an address verification form as required by ORS 163A.035 (Registration forms) (4) commits a violation. [Formerly 181.812; 2016 c.95 §4a; 2017 c.418 §1]
Note 1: The amendments to 163A.040 (Failure to report as sex offender) by section 15, chapter 430, Oregon Laws 2019, become operative January 1, 2021, and apply to legal changes of name and intended travel outside the United States occurring on or after January 1, 2021. See sections 20 and 21, chapter 430, Oregon Laws 2019. The text that is operative from January 1, 2021, until January 1, 2022, is set forth for the user’s convenience.
163A.040 (Failure to report as sex offender). (1) A person who is required to report as a sex offender in accordance with the applicable provisions of ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person:

(a)

Fails to make the initial report to an agency;

(b)

Fails to report when the person works at, carries on a vocation at or attends an institution of higher education;

(c)

Fails to report following a change of school enrollment or employment status, including enrollment, employment or vocation status at an institution of higher education;

(d)

Fails to report following a change of residence;

(e)

Fails to report a legal change of name;

(f)

Fails to make an annual report;

(g)

Fails to provide complete and accurate information;

(h)

Fails to sign the sex offender registration form as required;

(i)

Fails or refuses to participate in a sex offender risk assessment as directed by the State Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board, Oregon Health Authority or supervisory authority;

(j)

Fails to submit to fingerprinting or to having a photograph taken of the person’s face, identifying scars, marks or tattoos; or

(k)

Fails to report prior to any intended travel outside of the United States.

(2)

(a) It is an affirmative defense to a charge of failure to report under subsection (1)(d) of this section by a person required to report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3)(a)(B), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (4)(a)(B) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) (3)(a) that the person reported, in person, within 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 person’s new residence, if the person otherwise complied with all reporting requirements.

(b)

It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(A)(i) that the person reported, in person, to the Department of State Police in Marion County, Oregon, within 10 days of moving into this state.

(c)

It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(B)(i) that the person reported, in person, to the Department of State Police in Marion County, Oregon, within six months of moving into this state.

(d)

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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(A)(ii) or (B)(ii) that the person reported, in person, to the Department of State Police in Marion County, Oregon, if the person otherwise complied with all reporting requirements.

(e)

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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (3) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, if the person 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 ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3) that the person reported to the Oregon Youth Authority if the person establishes that the authority registered the person under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States 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 ORS 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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (8).

(3)

(a) Except as otherwise provided in paragraph (b) of this subsection, failure to report as a sex offender is a Class A misdemeanor.

(b)

Failure to report as a sex offender is a Class C felony if the person violates:

(A)

Subsection (1)(a) of this section; or

(B)

Subsection (1)(b), (c), (d), (e) or (h) of this section and the crime for which the person is required to report is a felony.

(4)

A person who fails to sign and return an address verification form as required by ORS 163A.035 (Registration forms) (4) commits a violation.
Note 2: The amendments to 163A.040 (Failure to report as sex offender) by section 2, chapter 418, Oregon Laws 2017, become operative January 1, 2022. See section 3, chapter 418, Oregon Laws 2017. The text that is operative on and after January 1, 2022, including amendments by section 16, chapter 430, Oregon Laws 2019, is set forth for the user’s convenience.
163A.040 (Failure to report as sex offender). (1) A person who is required to report as a sex offender in accordance with the applicable provisions of ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person:

(a)

Fails to make the initial report to an agency;

(b)

Fails to report when the person works at, carries on a vocation at or attends an institution of higher education;

(c)

Fails to report following a change of school enrollment or employment status, including enrollment, employment or vocation status at an institution of higher education;

(d)

Moves to a new residence and fails to report the move and the person’s new address;

(e)

Fails to report a legal change of name;

(f)

Fails to make an annual report;

(g)

Fails to provide complete and accurate information;

(h)

Fails to sign the sex offender registration form as required;

(i)

Fails or refuses to participate in a sex offender risk assessment as directed by the State Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board, Oregon Health Authority or supervisory authority;

(j)

Fails to submit to fingerprinting or to having a photograph taken of the person’s face, identifying scars, marks or tattoos; or

(k)

Fails to report prior to any intended travel outside of the United States.

(2)

(a) It is an affirmative defense to a charge of failure to report under subsection (1)(d) of this section by a person required to report under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3)(a)(B), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction) (4)(a)(B) or 163A.025 (Reporting by sex offender adjudicated in juvenile court) (3)(a) that the person reported, in person, within 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 person’s new residence, if the person otherwise complied with all reporting requirements.

(b)

It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(A)(i) that the person reported, in person, to the Department of State Police in Marion County, Oregon, within 10 days of moving into this state.

(c)

It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(B)(i) that the person reported, in person, to the Department of State Police in Marion County, Oregon, within six months of moving into this state.

(d)

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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (2)(b)(A)(ii) or (B)(ii) that the person reported, in person, to the Department of State Police in Marion County, Oregon, if the person otherwise complied with all reporting requirements.

(e)

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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (3) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, if the person 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 ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction) (3) that the person reported to the Oregon Youth Authority if the person establishes that the authority registered the person under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States 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 ORS 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 ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (8).

(3)

(a) Except as otherwise provided in paragraph (b) of this subsection, failure to report as a sex offender is a Class A misdemeanor.

(b)

Failure to report as a sex offender is a Class C felony if the person violates:

(A)

Subsection (1)(a) of this section; or

(B)

Subsection (1)(b), (c), (d), (e) or (h) of this section and the crime for which the person is required to report is a felony.

(4)

A person who fails to sign and return an address verification form as required by ORS 163A.035 (Registration forms) (4) commits a violation.

(formerly 181.599, then 181.812)

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)


Source

Last accessed
Jun. 26, 2021