2017 ORS 163A.040¹
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: 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, 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 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 181.599, 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)

1 Legislative Counsel Committee, CHAPTER 163A—Sex Offender Reporting and Classification, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 163A, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163A.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.