163A.040
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,
163A.015, 163A.020 or 163A.025 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
report a legal change of name;
(f) Fails to make
an annual report;
(g) Fails to
provide complete and accurate information;
(h) Fails to sign
the sex offender registration form as required;
(i) 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;
(j) Fails to
submit to fingerprinting or to having a photograph taken of the person’s face,
identifying scars, marks or tattoos; or
(k) Fails to
report prior to any intended travel outside of the United States.
(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 (3)(a)(B),
163A.015 (4)(a)(B) or 163A.025 (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 (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 (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 (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 (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 (3) that the
person reported to the Oregon Youth Authority if the person establishes that
the authority registered the person under ORS 163A.010 (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 (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 (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), (e) or (h) 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 (4) commits a violation. [Formerly 181.812; 2016 c.95 §4a; 2017 c.418 §§1,2;
2019 c.430 §§15,16]
Notes of Decisions
Cited in
26
cases (
12 in the last 5 years), 2016–2026 · leading case:
State v. Benson, 495 P.3d 717 (Or. Ct. App. 2021).
State v. Benson, 495 P.3d 717 (Or. Ct. App. 2021).
· cites it 15× “During defendant’s bench trial, the state sought to admit defendant’s completed sex offender registration forms from the preceding years as proof that defendant had “knowledge of the reporting requirement,” a required element of the crime of failure to report.”
State v. Chandler, 430 P.3d 186 (Or. Ct. App. 2018).
· cites it 6× “*706 Defendant appeals a judgment of conviction for failure to report as a sex offender, ORS 163A.040 : 1 he refused to sign a sex-offender registration form on the day that he was released from prison.”
State v. Oldham, 455 P.3d 975 (Or. Ct. App. 2019).
“812(3)(b), renumbered as ORS 163A.040 (2015)—and he assigns error to the trial court’s imposition of sentence on that offense.”
State v. Ribas, 374 Or. 750 (Or. 2026).
· cites it 21× “040(1)(d) is a Class C felony if the crime for which the 3 ORS 163A.040 was amended in 2019, effective January 1, 2022.”
State v. Fry, 464 P.3d 521 (Or. Ct. App. 2020).
· cites it 2× “He pleaded guilty to that charge and was convicted. On July 27, 2017, defendant was arrested again and charged again with failure to register as a sex offender.”
State v. Miller, 454 P.3d 14 (Or. Ct. App. 2019).
· cites it 5× “Curry County Circuit Court 16CR36960; A163589 454 P3d 14 Defendant appeals from a judgment of conviction for one count of failure to report as a sex offender, ORS 163A.040(1)(d) (2015). He contends that the trial court erred by denying his motion for judgment of acquittal…”
State v. Haltom, 447 P.3d 66 (Or. Ct. App. 2019).
“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.040(1). Finally, I note that the state argues that the sexual abuse statutes are…”
State v. Vincent, 350 Or. App. 724 (Or. Ct. App. 2026).
· cites it 8× “]” ORS 163A.040. ORS 163A.020(1)(a)(D) provides that, “[o]nce each year within 10 days of the person’s birth date,” a person sub- ject to the statute must report in person to one of the law enforcement agencies identified in the statute.”
State v. Crider, 418 P.3d 18 (Or. Ct. App. 2018).
“That statute has since been renumbered and amended as ORS 163A.040 ; Or. Laws 2015, ch. 820, § 9; Or.”
State v. Dallavis, 432 P.3d 282 (Or. Ct. App. 2018).
“425 (Count 3), and one count of failing to report as a sex offender, ORS 163A.040 (Count 4). Defendant filed a demurrer to the indictment, arguing that the state had failed to allege the basis for joining multiple counts in one indictment in the language of the joinder statute.”
State v. Baker, 372 P.3d 626 (Clackamas Cty. Cir. Ct., O.R. 2016).
“800, and failure to report as a sex offender, ORS 163A.040. He was sentenced to 24 months in prison and ordered to pay, among other amounts, $510 in court-appointed attorney fees.”
State v. Shipley, 476 P.3d 971 (Or. Ct. App. 2020).
“17CR54556, defendant was convicted of misdemeanor failure to report as a sex offender, ORS 163A.040(3)(a). The court discharged defendant’s sentence but ordered defen- dant to pay a $100 misdemeanor fine, ORS 137.”
— Or. Rev. Stat. § 163A.040(1) — 5 cases
State v. Benson, 495 P.3d 717 (Or. Ct. App. 2021).
“During defendant’s bench trial, the state sought to admit defendant’s completed sex offender registration forms from the preceding years as proof that defendant had “knowledge of the reporting requirement,” a required element of the crime of failure to report.”
State v. Haltom, 447 P.3d 66 (Or. Ct. App. 2019).
“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.040(1). Finally, I note that the state argues that the sexual abuse statutes are…”
State v. Chandler, 430 P.3d 186 (Or. Ct. App. 2018).
“*706 Defendant appeals a judgment of conviction for failure to report as a sex offender, ORS 163A.040 : 1 he refused to sign a sex-offender registration form on the day that he was released from prison.”
State v. Ribas, 374 Or. 750 (Or. 2026).
“040(1)(d) is a Class C felony if the crime for which the 3 ORS 163A.040 was amended in 2019, effective January 1, 2022.”
— Or. Rev. Stat. § 163A.040(1)(d) — 8 cases
State v. Benson, 495 P.3d 717 (Or. Ct. App. 2021).
“During defendant’s bench trial, the state sought to admit defendant’s completed sex offender registration forms from the preceding years as proof that defendant had “knowledge of the reporting requirement,” a required element of the crime of failure to report.”
State v. Miller, 454 P.3d 14 (Or. Ct. App. 2019).
“Curry County Circuit Court 16CR36960; A163589 454 P3d 14 Defendant appeals from a judgment of conviction for one count of failure to report as a sex offender, ORS 163A.040(1)(d) (2015). He contends that the trial court erred by denying his motion for judgment of acquittal…”
State v. Ribas, 374 Or. 750 (Or. 2026).
“040(1)(d) is a Class C felony if the crime for which the 3 ORS 163A.040 was amended in 2019, effective January 1, 2022.”
— Or. Rev. Stat. § 163A.040(1)(f) — 3 cases
State v. Vincent, 350 Or. App. 724 (Or. Ct. App. 2026).
“]” ORS 163A.040. ORS 163A.020(1)(a)(D) provides that, “[o]nce each year within 10 days of the person’s birth date,” a person sub- ject to the statute must report in person to one of the law enforcement agencies identified in the statute.”
State v. Ribas, 374 Or. 750 (Or. 2026).
“040(1)(d) is a Class C felony if the crime for which the 3 ORS 163A.040 was amended in 2019, effective January 1, 2022.”
— Or. Rev. Stat. § 163A.040(1)(g) — 2 cases
State v. Chandler, 430 P.3d 186 (Or. Ct. App. 2018).
“*706 Defendant appeals a judgment of conviction for failure to report as a sex offender, ORS 163A.040 : 1 he refused to sign a sex-offender registration form on the day that he was released from prison.”
State v. Ribas, 374 Or. 750 (Or. 2026).
“040(1)(d) is a Class C felony if the crime for which the 3 ORS 163A.040 was amended in 2019, effective January 1, 2022.”
— Or. Rev. Stat. § 163A.040(3) — 2 cases
State v. Ribas, 374 Or. 750 (Or. 2026).
“040(1)(d) is a Class C felony if the crime for which the 3 ORS 163A.040 was amended in 2019, effective January 1, 2022.”
— Or. Rev. Stat. § 163A.040(3)(a) — 3 cases
State v. Shipley, 476 P.3d 971 (Or. Ct. App. 2020).
“17CR54556, defendant was convicted of misdemeanor failure to report as a sex offender, ORS 163A.040(3)(a). The court discharged defendant’s sentence but ordered defen- dant to pay a $100 misdemeanor fine, ORS 137.”
— Or. Rev. Stat. § 163A.040(3)(b) — 3 cases
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