2017 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 163 - Offenses Against Persons
Section 163.476 - Unlawfully being in a location where children regularly congregate.
(1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:
(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;
(B) Has been classified as a level three sex offender under ORS 163A.100 (3), is an unclassified adult sex offender designated as predatory prior to January 1, 2014, or is a person whom the State Board of Parole and Post-Prison Supervision or the Psychiatric Security Review Board has classified as a level three sex offender under section 7 (2)(b), chapter 708, Oregon Laws 2013, and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person’s supervisory authority or supervising officer to be in or upon the specific premises;
(C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or
(D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and
(b) Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.
(2) As used in this section:
(a) "Premises where persons under 18 years of age regularly congregate" means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.
(b) "Sex crime" has the meaning given that term in ORS 163A.005.
(3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor. [2005 c.811 §1; 2013 c.708 §12; 2015 c.820 §17; 2017 c.442 §34]
Note 1: The amendments to 163.476 by section 34, chapter 442, Oregon Laws 2017, become operative July 1, 2018. See section 36, chapter 442, Oregon Laws 2017. The text that is operative until July 1, 2018, is set forth for the user’s convenience.
(1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:
(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;
(B) Has been classified as a level three sex offender under ORS 163A.100 (3), is an unclassified adult sex offender designated as predatory prior to January 1, 2014, or is a person whom the State Board of Parole and Post-Prison Supervision, the Psychiatric Security Review Board or the Oregon Health Authority has classified as a level three sex offender under section 7 (2)(b), chapter 708, Oregon Laws 2013, and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person’s supervisory authority or supervising officer to be in or upon the specific premises;
(C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or
(D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and
(b) Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.
(2) As used in this section:
(a) "Premises where persons under 18 years of age regularly congregate" means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.
(b) "Sex crime" has the meaning given that term in ORS 163A.005.
(3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor.
Note 2: The amendments to 163.476 by section 24, chapter 820, Oregon Laws 2015, become operative January 1, 2019. See section 26, chapter 820, Oregon Laws 2015. The text that is operative on and after January 1, 2019, is set forth for the user’s convenience. (1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:
(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;
(B) Has been classified as a level three sex offender under ORS 163A.100 (3), and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person’s supervisory authority or supervising officer to be in or upon the specific premises;
(C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or
(D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and
(b) Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.
(2) As used in this section:
(a) "Premises where persons under 18 years of age regularly congregate" means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.
(b) "Sex crime" has the meaning given that term in ORS 163A.005.
(3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor.
Note 3: 163.476 and 163.479 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
