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Oregon Revised Statutes

Or. Rev. Stat. § 163.476 (2026)

Unlawfully being in a location where children regularly congregate

✓ current as of May 2026
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      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), 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 §§17,24; 2017 c.442 §34; 2019 c.430 §§5,9]

 

      Note: 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.

 

      163.477 [1979 c.706 §3; repealed by 1985 c.557 §10]

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2016–2024 · leading case: State v. Holsclaw, 401 P.3d 262 (Or. Ct. App. 2017).
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State v. Holsclaw, 401 P.3d 262 (Or. Ct. App. 2017). · cites it 12× “For that conduct, he was charged with seven counts of unlawfully being in a location where children regularly congregate, ORS 163.476 (2013), amended by Or Laws 2015, ch 820, § 17.”
State v. Davidson, 380 P.3d 963 (Or. 2016). “ORS 163.476. And finally, unlawful contact with a child, ORS 163.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “719(1) violates the Equal Protection Clause, as applied to his conviction for felony public indecency, because it is underinclusive, in that it does not apply to other crimes of the same or similar character including the felonies of first-degree custodial sexual misconduct, ORS…”
State v. Davis, 562 P.3d 279 (Or. Ct. App. 2024). “479, a Class C felony, and unlawfully being in a location where children regularly congregate, a Class A misdemeanor, ORS 163.476, that are not considered to be “sex crimes” and that, therefore, are not subject to ORS 137.”
— Or. Rev. Stat. § 163.476(2)(a) — 1 case
State v. Holsclaw, 401 P.3d 262 (Or. Ct. App. 2017). “For that conduct, he was charged with seven counts of unlawfully being in a location where children regularly congregate, ORS 163.476 (2013), amended by Or Laws 2015, ch 820, § 17.”
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