2019 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 163A - Sex Offender Reporting and Classification
Section 163A.025 - Reporting by sex offender adjudicated in juvenile court.
(1) A person found to be within the jurisdiction of the juvenile court under ORS 419C.005, or found by the juvenile court to be responsible except for insanity under ORS 419C.411, for having committed an act that, if committed by an adult, would constitute a felony sex crime shall report as a sex offender as described in subsections (2) to (4) of this section, unless the juvenile court enters an order under ORS 163A.130 or 163A.135 relieving the person of the obligation to report, if:
(a) The person has been ordered under ORS 163A.030 to report as a sex offender;
(b) The person was adjudicated, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended, prior to August 12, 2015;
(c) The person was adjudicated prior to August 12, 2015, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended after August 12, 2015, and before April 4, 2016; or
(d) The person has been found in a juvenile adjudication in another United States court to have committed an act while the person was under 18 years of age that would constitute a felony sex crime if committed in this state by an adult.
(2) A person described in subsection (1)(a) or (d) of this section, or a person described in subsection (1)(c) of this section who did not make an initial report prior to April 4, 2016, who resides in this state shall make an initial report, in person, to the Department of State Police, a city police department or a county sheriff’s office as follows:
(a) The person shall report no later than 10 days after the date of the court order requiring the person to report under ORS 163A.030;
(b) If the person is adjudicated for the act giving rise to the obligation to report in another United States court and the person is found to have committed an act that if committed by an adult in this state would constitute:
(A) A Class A or Class B felony sex crime:
(i) If the person is not a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person moves into this state; or
(ii) If the person is a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person is discharged, released or placed on probation or any other form of supervised or conditional release by the other United States court or, if the person is confined in a correctional facility by the other United States court, no later than 10 days after the date the person is discharged or otherwise released from the facility.
(B) A Class C felony sex crime:
(i) If the person is not a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than six months after the date the person moves into this state; or
(ii) If the person is a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person is discharged, released or placed on probation or any other form of supervised or conditional release by the other United States court or, if the person is confined in a correctional facility by the other United States court, no later than 10 days after the date the person is discharged or otherwise released from the facility; or
(c) For persons described in subsection (1)(c) of this section who did not make an initial report prior to April 4, 2016, the person shall report no later than 120 days after April 4, 2016.
(3) After making the initial report described in subsection (2) of this section or, for a person described in subsection (1)(c) of this section who made an initial report prior to April 4, 2016, or a person described in subsection (1)(b) of this section, beginning after April 4, 2016, the person shall report, 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 last reported residence:
(a) Within 10 days of a change of residence;
(b) Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence;
(c) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and
(d) Within 10 days of a change in work, vocation or attendance status at an institution of higher education.
(4) When a person described in subsection (1) of this section attends school or works in this state, resides in another state and is not otherwise required to report as a sex offender under this section or ORS 163A.010, 163A.015 or 163A.020, the person shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county in which the person attends school or works, no later than 10 days after:
(a) The first day of school attendance or the 14th day of employment in this state; and
(b) A change in school enrollment or employment.
(5) The agency to which a person reports under this section shall complete a sex offender registration form concerning the person when the person reports under this section.
(6) As part of the registration and reporting requirements of this section:
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of this subsection.
(b) The Department of State Police, Oregon Youth Authority, county juvenile department, city police department or county sheriff’s office:
(A) Shall photograph the person when the person initially reports under this section and each time the person reports annually under this section;
(B) May photograph the person or any identifying scars, marks or tattoos located on the person when the person reports under any of the circumstances described in this section; and
(C) Shall fingerprint the person if the person’s fingerprints are not included in the record file of the Department of State Police.
(7) The obligation to report under this section is terminated if the adjudication that gave rise to the obligation is reversed or vacated.
(8) Notwithstanding subsections (2) and (3) of this section:
(a) The Oregon Youth Authority may authorize a youth offender committed to its custody and supervision by order of the juvenile court, or a person placed in its physical custody under ORS 137.124 or any other provision of law, to report to the authority regardless of the youth offender’s or the person’s last reported residence.
(b) A county juvenile department may authorize a youth offender or young person, as those terms are defined in ORS 419A.004, to report to the department, regardless of the county of the youth offender’s or the young person’s last reported residence.
(c) In the event that a person reports to the authority or the department under this subsection, the authority or the department shall register the person. [Formerly 181.809; 2016 c.95 §1]
Note: The amendments to 163A.025 by section 14, chapter 430, Oregon Laws 2019, become operative January 1, 2021. See section 21, chapter 430, Oregon Laws 2019. The text that is operative on and after January 1, 2021, is set forth for the user’s convenience.
(1) A person found to be within the jurisdiction of the juvenile court under ORS 419C.005, or found by the juvenile court to be responsible except for insanity under ORS 419C.411, for having committed an act that, if committed by an adult, would constitute a felony sex crime shall report as a sex offender as described in subsections (2) to (4) of this section, unless the juvenile court enters an order under ORS 163A.130 or 163A.135 relieving the person of the obligation to report, if:
(a) The person has been ordered under ORS 163A.030 to report as a sex offender;
(b) The person was adjudicated, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended, prior to August 12, 2015;
(c) The person was adjudicated prior to August 12, 2015, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended after August 12, 2015, and before April 4, 2016; or
(d) The person has been found in a juvenile adjudication in another United States court to have committed an act while the person was under 18 years of age that would constitute a felony sex crime if committed in this state by an adult.
(2) A person described in subsection (1)(a) or (d) of this section, or a person described in subsection (1)(c) of this section who did not make an initial report prior to April 4, 2016, who resides in this state shall make an initial report, in person, to the Department of State Police, a city police department or a county sheriff’s office as follows:
(a) The person shall report no later than 10 days after the date of the court order requiring the person to report under ORS 163A.030;
(b) If the person is adjudicated for the act giving rise to the obligation to report in another United States court and the person is found to have committed an act that if committed by an adult in this state would constitute:
(A) A Class A or Class B felony sex crime:
(i) If the person is not a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person moves into this state; or
(ii) If the person is a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person is discharged, released or placed on probation or any other form of supervised or conditional release by the other United States court or, if the person is confined in a correctional facility by the other United States court, no later than 10 days after the date the person is discharged or otherwise released from the facility.
(B) A Class C felony sex crime:
(i) If the person is not a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than six months after the date the person moves into this state; or
(ii) If the person is a resident of this state at the time of the adjudication, the person shall make the initial report to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, no later than 10 days after the date the person is discharged, released or placed on probation or any other form of supervised or conditional release by the other United States court or, if the person is confined in a correctional facility by the other United States court, no later than 10 days after the date the person is discharged or otherwise released from the facility; or
(c) For persons described in subsection (1)(c) of this section who did not make an initial report prior to April 4, 2016, the person shall report no later than 120 days after April 4, 2016.
(3) After making the initial report described in subsection (2) of this section or, for a person described in subsection (1)(c) of this section who made an initial report prior to April 4, 2016, or a person described in subsection (1)(b) of this section, beginning after April 4, 2016, the person shall report, 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 last reported residence:
(a) Within 10 days of a change of residence;
(b) Within 10 days of a legal change of name;
(c) Once each year within 10 days of the person’s birth date, regardless of whether the person changed residence;
(d) Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education;
(e) Within 10 days of a change in work, vocation or attendance status at an institution of higher education; and
(f) At least 21 days prior to any intended travel outside of the United States.
(4) When a person described in subsection (1) of this section attends school or works in this state, resides in another state and is not otherwise required to report as a sex offender under this section or ORS 163A.010, 163A.015 or 163A.020, the person shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county in which the person attends school or works, no later than 10 days after:
(a) The first day of school attendance or the 14th day of employment in this state;
(b) A change in school enrollment or employment; and
(c) A legal change of name.
(5) The agency to which a person reports under this section shall complete a sex offender registration form concerning the person when the person reports under this section.
(6) As part of the registration and reporting requirements of this section:
(a) The person required to report shall:
(A) Provide the information necessary to complete the sex offender registration form and sign the form as required; and
(B) Submit to the requirements described in paragraph (b) of this subsection.
(b) The Department of State Police, Oregon Youth Authority, county juvenile department, city police department or county sheriff’s office:
(A) Shall photograph the person when the person initially reports under this section and each time the person reports annually under this section;
(B) May photograph the person or any identifying scars, marks or tattoos located on the person when the person reports under any of the circumstances described in this section; and
(C) Shall fingerprint the person if the person’s fingerprints are not included in the record file of the Department of State Police.
(7) The obligation to report under this section is terminated if the adjudication that gave rise to the obligation is reversed or vacated.
(8) Notwithstanding subsections (2) and (3) of this section:
(a) The Oregon Youth Authority may authorize a youth offender committed to its custody and supervision by order of the juvenile court, or a person placed in its physical custody under ORS 137.124 or any other provision of law, to report to the authority regardless of the youth offender’s or the person’s last reported residence.
(b) A county juvenile department may authorize a youth offender or young person, as those terms are defined in ORS 419A.004, to report to the department, regardless of the county of the youth offender’s or the young person’s last reported residence.
(c) In the event that a person reports to the authority or the department under this subsection, the authority or the department shall register the person.
