163A.005
Definitions for ORS 163A.005 to 163A.235. As used in ORS 163A.005 to 163A.235:
(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)(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 to 161.373 or responsible except for insanity under ORS 419C.411.
(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 (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 (3)(d), or the offense is the defendant’s second or subsequent
conviction under ORS 163.413 (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 (3);
(x) Sexual abuse
by fraudulent representation;
(y) Abuse of a
corpse in the first degree as described in ORS 166.087 (1)(a);
(z) Any attempt
to commit any of the crimes listed in paragraphs (a) to (y) of this subsection;
(aa) Burglary,
when committed with intent to commit any of the offenses listed in paragraphs
(a) to (y) of this subsection; or
(bb) 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 (y) 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 (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; 2024 c.63 §1]
Notes of Decisions
Cited in
29
cases (
16 in the last 5 years), 2016–2026 · leading case:
State v. Carlton, 388 P.3d 1093 (Or. 2017).
State v. Carlton, 388 P.3d 1093 (Or. 2017).
· cites it 9× “719(3)(b)(B) to “comparable offenses” is a reference to felony sex crimes that are comparable to those listed in ORS 163A.005. In short, ORS 137.719 may be invoked only when a person previously has been sentenced for two or more comparable felony sex crimes.”
State v. Davidson, 380 P.3d 963 (Or. 2016).
· cites it 8× “As discussed, defendant had been convicted of *381 felony sex crimes as defined in ORS 163A.005 twice before being sentenced for the present offenses, and, thus, he presumptively was subject to the sentences of life imprisonment without the possibility of parole that the trial…”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016).
· cites it 7× “«⅜ ⅜ ⅜ ⅜ ⅜ “(4) As used in this section, ‘sex crime’ has the meaning given that term in ORS 163A.005.” ORS 163A.005(5), 18 in turn, defines “sex crime” to include “[a]ny attempt to commit [any degree of rape or sexual abuse],” ORS 163A.”
State v. M. A. S., 462 P.3d 284 (Or. Ct. App. 2020).
· cites it 2× “When the court directs the amendment of a petition alleging that a youth has committed an act that would constitute a sex crime, as defined in ORS 163A.005, if commit- ted by an adult, the court shall make written findings stating the reason for directing the amendment.”
State v. Sokell, 380 P.3d 975 (Or. 2016).
““(4) As used in this section, ‘sex crime’ has the meaning given that term in ORS 163A.005.” In Althouse, 359 Or 668 , we set out a framework for the evaluation of as-applied proportionality challenges to sentences imposed pursuant to ORS 137.”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018).
“That is, it applies to "major felony sex crimes"-first-degree rape, sodomy and sexual penetration (sex crimes inflicted by forcible compulsion or upon victims younger than 12) and using a child in a display of sexually explicit conduct-and does not require any conviction prior…”
State v. Goacher, 466 P.3d 1047 (Or. Ct. App. 2020).
“010 (outlining the sex offender reporting requirements); ORS 163A.005(5) (defining sex crime). ORS 163A.”
State v. Putnam, 340 Or. App. 61 (Or. Ct. App. 2025).
“2 To the extent that defendant contends the use of “sexual offenders of chil- dren” was improper because, as used by the prosecutor, the phrase implied defen- dant had previously met a legal definition of “sex offender” pursuant to ORS 163A.005(6), we reject that argument.”
State v. Haltom, 447 P.3d 66 (Or. Ct. App. 2019).
“010(2) (requiring registration of persons convicted of a "sex crime"); ORS 163A.005(5) (defining "[s]ex crime" to include "[s]exual abuse in any degree")-and subjects the person to further criminal liability for failure to comply with the registration requirements, ORS 163A.”
State v. Gonzalez, 373 Or. 248 (Or. 2025).
“See Davidson, 360 Or at 389 (find- ing that public indecency is “relatively minor in comparison with the majority of the other sex offenses identified in ORS 163A.005(5) that may result in a true-life sentence under ORS 137.”
State v. Kirkpatrick, 460 P.3d 114 (Or. Ct. App. 2020).
“That offense is deemed a “sex crime” under ORS 163A.005(5)(g). Conviction of a felony sex crime raises the prospect of a presumptive sentence if a defendant has been sentenced for two prior felony sex crimes.”
State v. Dearmitt, 567 P.3d 457 (Or. Ct. App. 2025).
“Kelly, 263 Or App 361, 378 , 328 P3d 757 , rev den, 356 Or 575 (2014), and is statutorily defined as a “sex crime,” ORS 163A.005(5)(d). Failure to register as a sex offender is not a “sex crime”; it is a “regulatory” crime.”
— Or. Rev. Stat. § 163A.005(5) — 10 cases
State v. Davidson, 380 P.3d 963 (Or. 2016).
“As discussed, defendant had been convicted of *381 felony sex crimes as defined in ORS 163A.005 twice before being sentenced for the present offenses, and, thus, he presumptively was subject to the sentences of life imprisonment without the possibility of parole that the trial…”
State v. Carlton, 388 P.3d 1093 (Or. 2017).
“719(3)(b)(B) to “comparable offenses” is a reference to felony sex crimes that are comparable to those listed in ORS 163A.005. In short, ORS 137.719 may be invoked only when a person previously has been sentenced for two or more comparable felony sex crimes.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016).
“«⅜ ⅜ ⅜ ⅜ ⅜ “(4) As used in this section, ‘sex crime’ has the meaning given that term in ORS 163A.005.” ORS 163A.005(5), 18 in turn, defines “sex crime” to include “[a]ny attempt to commit [any degree of rape or sexual abuse],” ORS 163A.”
State v. Goacher, 466 P.3d 1047 (Or. Ct. App. 2020).
“010 (outlining the sex offender reporting requirements); ORS 163A.005(5) (defining sex crime). ORS 163A.”
State v. Haltom, 447 P.3d 66 (Or. Ct. App. 2019).
“010(2) (requiring registration of persons convicted of a "sex crime"); ORS 163A.005(5) (defining "[s]ex crime" to include "[s]exual abuse in any degree")-and subjects the person to further criminal liability for failure to comply with the registration requirements, ORS 163A.”
— Or. Rev. Stat. § 163A.005(5)(d) — 3 cases
State v. Carlton, 388 P.3d 1093 (Or. 2017).
“719(3)(b)(B) to “comparable offenses” is a reference to felony sex crimes that are comparable to those listed in ORS 163A.005. In short, ORS 137.719 may be invoked only when a person previously has been sentenced for two or more comparable felony sex crimes.”
State v. Dearmitt, 567 P.3d 457 (Or. Ct. App. 2025).
“Kelly, 263 Or App 361, 378 , 328 P3d 757 , rev den, 356 Or 575 (2014), and is statutorily defined as a “sex crime,” ORS 163A.005(5)(d). Failure to register as a sex offender is not a “sex crime”; it is a “regulatory” crime.”
— Or. Rev. Stat. § 163A.005(5)(g) — 1 case
State v. Kirkpatrick, 460 P.3d 114 (Or. Ct. App. 2020).
“That offense is deemed a “sex crime” under ORS 163A.005(5)(g). Conviction of a felony sex crime raises the prospect of a presumptive sentence if a defendant has been sentenced for two prior felony sex crimes.”
— Or. Rev. Stat. § 163A.005(5)(t) — 2 cases
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016).
“«⅜ ⅜ ⅜ ⅜ ⅜ “(4) As used in this section, ‘sex crime’ has the meaning given that term in ORS 163A.005.” ORS 163A.005(5), 18 in turn, defines “sex crime” to include “[a]ny attempt to commit [any degree of rape or sexual abuse],” ORS 163A.”
— Or. Rev. Stat. § 163A.005(5)(v) — 1 case
State v. Davidson, 380 P.3d 963 (Or. 2016).
“As discussed, defendant had been convicted of *381 felony sex crimes as defined in ORS 163A.005 twice before being sentenced for the present offenses, and, thus, he presumptively was subject to the sentences of life imprisonment without the possibility of parole that the trial…”
— Or. Rev. Stat. § 163A.005(5)(x) — 3 cases
State v. Carlton, 388 P.3d 1093 (Or. 2017).
“719(3)(b)(B) to “comparable offenses” is a reference to felony sex crimes that are comparable to those listed in ORS 163A.005. In short, ORS 137.719 may be invoked only when a person previously has been sentenced for two or more comparable felony sex crimes.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016).
“«⅜ ⅜ ⅜ ⅜ ⅜ “(4) As used in this section, ‘sex crime’ has the meaning given that term in ORS 163A.005.” ORS 163A.005(5), 18 in turn, defines “sex crime” to include “[a]ny attempt to commit [any degree of rape or sexual abuse],” ORS 163A.”
— Or. Rev. Stat. § 163A.005(5)(y) — 1 case
— Or. Rev. Stat. § 163A.005(5)(z) — 1 case
— Or. Rev. Stat. § 163A.005(6) — 3 cases
State v. Putnam, 340 Or. App. 61 (Or. Ct. App. 2025).
“2 To the extent that defendant contends the use of “sexual offenders of chil- dren” was improper because, as used by the prosecutor, the phrase implied defen- dant had previously met a legal definition of “sex offender” pursuant to ORS 163A.005(6), we reject that argument.”
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