Sex Offender Reporting and Classification

ORS 163A.115
When certain classification required

  • persons ineligible for relief from reporting obligation

Notwithstanding any other provision of law:

(1)

A person who is a sexually violent dangerous offender under ORS 137.765 (Sexually violent dangerous offenders):

(a)

Must be classified as a level three sex offender under ORS 163A.100 (Risk assessment methodology) (3); and

(b)

Is not eligible for relief from the obligation to report as a sex offender or reclassification as a level two sex offender under ORS 163A.100 (Risk assessment methodology) (2), pursuant to a petition filed under ORS 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A).

(2)

A person who has been convicted or found guilty except for insanity of one of the following offenses is not eligible for relief from the obligation to report as a sex offender pursuant to a petition filed under ORS 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A) (1):

(a)

Rape in the first degree;

(b)

Sodomy in the first degree;

(c)

Unlawful sexual penetration in the first degree;

(d)

Kidnapping in the first degree as described in ORS 163.235 (Kidnapping in the first degree) (1)(e) or when the victim is under 18 years of age; or

(e)

Burglary in the first degree when committed with the intent to commit any of the offenses listed in ORS 163A.005 (Definitions for ORS 163A) (5)(a) to (w).

(3)

A person classified as a level three sex offender under section 7 (2)(b), chapter 708, Oregon Laws 2013, is not eligible for relief from the obligation to report as a sex offender pursuant to a petition filed under ORS 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A) (1). [Formerly 181.803]
Note: Section 35, chapter 708, Oregon Laws 2013, provides:
Sec. 35. (1) Sections 4 to 6 of this 2013 Act [163A.115 (When certain classification required), 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A) and 163A.215 (Release of sex offender information according to classification)] apply to persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act [163A.110 (Applicability of ORS 163A)], occurs on or after January 1, 2014.

(2)

Notwithstanding section 7 or 38 of this 2013 Act or any other provision of law, notification to the public for persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act, occurs before January 1, 2014, shall continue to be governed by the law in effect on December 31, 2013. [2013 c.708 §35]
Note: The amendments to section 35, chapter 708, Oregon Laws 2013, by section 36, chapter 708, Oregon Laws 2013, become operative January 1, 2023. See section 37, chapter 708, Oregon Laws 2013, as amended by section 29, chapter 820, Oregon Laws 2015, and section 4, chapter 488, Oregon Laws 2017. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
Sec. 35. Sections 4 to 6 of this 2013 Act [163A.115 (When certain classification required), 163A.125 (Relief from reporting obligation for sex offenders classified under ORS 163A) and 163A.215 (Release of sex offender information according to classification)] apply to persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act [163A.110 (Applicability of ORS 163A)], occurs before, on or after January 1, 2014.
RECLASSIFICATION AND RELIEF FROM REPORTING
Source

Last accessed
May 26, 2023

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