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.100).

(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.100) (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.005 to 163A.235) (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.100) (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.100) 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.105)], 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.100) 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.105)], occurs before, on or after January 1, 2014.

Source: Section 163A.115 — When certain classification required; persons ineligible for relief from reporting obligation, https://www.­oregonlegislature.­gov/bills_laws/ors/ors163A.­html.

163A.005
Definitions for ORS 163A.005 to 163A.235 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 163A.025
Reporting by sex offender adjudicated in juvenile court 163A.030
Hearing on issue of reporting by sex offender adjudicated in juvenile court 163A.035
Registration forms 163A.040
Failure to report as sex offender 163A.045
Purpose of sex offender reporting obligation 163A.050
Notice of reporting obligation to be given by court 163A.055
Notice required when offender moves to another state 163A.060
Offender profiling 163A.065
Immunity 163A.100
Risk assessment methodology 163A.105
When risk assessments performed 163A.110
Applicability of ORS 163A.105 163A.115
When certain classification required 163A.120
Relief from reporting obligation 163A.125
Relief from reporting obligation for sex offenders classified under ORS 163A.100 163A.130
Relief from reporting obligation for juvenile offenders adjudicated in Oregon 163A.135
Relief from reporting obligation for juvenile offenders adjudicated in another United States jurisdiction 163A.140
Relief from reporting obligation 163A.145
Procedure for relief under ORS 163A.140 163A.150
Procedure for relief under ORS 163A.140 163A.200
Provision of records by Psychiatric Security Review Board and Oregon Health Authority 163A.205
Provision of records by Oregon Health Authority 163A.210
Provision of records by Oregon Youth Authority and juvenile department 163A.215
Release of sex offender information according to classification 163A.220
Internet website 163A.225
Release of information concerning sex offender adjudicated in juvenile court 163A.230
Victim access to sex offender information 163A.235
Agreements to resolve concerns about community notification
Green check means up to date. Up to date

Current through early 2024

§ 163A.115’s source at oregon​.gov