ORS 163A.005
Definitions for ORS 163A.005 to 163A.235

Amended by SB 1574

Effective since March 27, 2024

Relating to public safety; creating new provisions; amending ORS 163A.005, 163A.115, 192.672, 243.706, 243.808, 243.809, 802.179, 802.240, 807.115, 811.700, 811.705, 811.710, 811.720 811.725, 811.730, 811.735, 811.740, 811.745, 811.748 and 811.750; and declaring an emergency.

Text
Annotations 1

As used in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) to 163A.235 (Agreements to resolve concerns about community notification):

(1)

“Another United States court” means a federal court, a military court, the tribal court of a federally recognized Indian tribe or a court of:

(a)

A state other than Oregon;

(b)

The District of Columbia;

(c)

The Commonwealth of Puerto Rico;

(d)

Guam;

(e)

American Samoa;

(f)

The Commonwealth of the Northern Mariana Islands; or

(g)

The United States Virgin Islands.

(2)

“Attends” means is enrolled on a full-time or part-time basis.

(3)

Intentionally left blank —Ed.

(a)

“Correctional facility” means any place used for the confinement of persons:

(A)

Charged with or convicted of a crime or otherwise confined under a court order.

(B)

Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime.

(b)

“Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 (Incapacity due to immaturity) to 161.373 (Records for fitness to proceed examination) or responsible except for insanity under ORS 419C.411 (Disposition order).

(4)

“Institution of higher education” means a public or private educational institution that provides a program of post-secondary education.

(5)

“Sex crime” means:

(a)

Rape in any degree;

(b)

Sodomy in any degree;

(c)

Unlawful sexual penetration in any degree;

(d)

Sexual abuse in any degree;

(e)

Incest with a child victim;

(f)

Using a child in a display of sexually explicit conduct;

(g)

Encouraging child sexual abuse in any degree;

(h)

Transporting child pornography into the state;

(i)

Paying for viewing a child’s sexually explicit conduct;

(j)

Compelling prostitution;

(k)

Promoting prostitution;

(L)

Kidnapping in the first degree if the victim was under 18 years of age;

(m)

Contributing to the sexual delinquency of a minor;

(n)

Sexual misconduct if the offender is at least 18 years of age;

(o)

Possession of materials depicting sexually explicit conduct of a child in the first degree;

(p)

Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;

(q)

Online sexual corruption of a child in any degree if the offender reasonably believed the child to be more than five years younger than the offender;

(r)

Luring a minor, if:

(A)

The offender reasonably believed the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor to be more than five years younger than the offender or under 16 years of age; and

(B)

The court designates in the judgment that the offense is a sex crime;

(s)

Sexual assault of an animal;

(t)

Public indecency or private indecency, if the person has a prior conviction for a crime listed in this subsection;

(u)

Trafficking in persons as described in ORS 163.266 (Trafficking in persons) (1)(b) or (c);

(v)

Purchasing sex with a minor if the court designates the offense as a sex crime pursuant to ORS 163.413 (Purchasing sex with a minor) (3)(d), or the offense is the defendant’s second or subsequent conviction under ORS 163.413 (Purchasing sex with a minor) (3)(b)(B);

(w)

Invasion of personal privacy in the first degree, if the court designates the offense as a sex crime pursuant to ORS 163.701 (Invasion of personal privacy in the first degree) (3);

(x)

Sexual abuse by fraudulent representation;

(y)

Any attempt to commit any of the crimes listed in paragraphs (a) to (x) of this subsection;

(z)

Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to (x) of this subsection; or

(aa)

Criminal conspiracy if the offender agrees with one or more persons to engage in or cause the performance of an offense listed in paragraphs (a) to (x) of this subsection.

(6)

“Sex offender” means a person who:

(a)

Has been convicted of a sex crime;

(b)

Has been found guilty except for insanity of a sex crime;

(c)

Has been convicted in another United States court of a crime:

(A)

That would constitute a sex crime if committed in this state; or

(B)

For which the person would have to register as a sex offender in that court’s jurisdiction, or as required under federal law, regardless of whether the crime would constitute a sex crime in this state; or

(d)

Is described in ORS 163A.025 (Reporting by sex offender adjudicated in juvenile court) (1).

(7)

“Works” or “carries on a vocation” means full-time or part-time employment for more than 14 days within one calendar year whether financially compensated, volunteered or for the purpose of governmental or educational benefit. [Formerly 181.805; 2023 c.200 §4]

Source: Section 163A.005 — Definitions for ORS 163A.005 to 163A.235, https://www.oregonlegislature.gov/bills_laws/ors/ors163A.html.

Notes of Decisions

Conviction for public indecency is “sex crime” under this section if defendant had prior conviction for public indecency when defendant was convicted for that offense. Because defendant’s conviction was for “sex crime” under this section, defendant was ineligible to have conviction set-aside under ORS 137.225. State v. Tucker, 268 Or App 723, 343 P3d 656 (2015), Sup Ct review denied

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 163A.005 Definitions for ORS 163A.005 to 163A.235

Amended by SB 1574

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(2)

(3)

(a)

(A)

(B)

(b)

(4)

(5)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(L)

(m)

(n)

(o)

(p)

(q)

(r)

(A)

(B)

(s)

(t)

(u)

(v)

(w)

(x)

(y)

(z)

(aa)

(6)

(a)

(b)

(c)

(A)

(B)

(d)

(7)

Notes of Decisions

ORS 163A.005
Definitions for ORS 163A.005 to 163A.235