(1) A person who is a sexually violent dangerous offender under ORS 137.765:
(a) Must be classified as a level three sex offender under ORS 163A.100 (3); and
(b) Is not eligible for relief from the obligation to report as a sex offender or reclassification as a level two sex offender under ORS 163A.100 (2), pursuant to a petition filed under ORS 163A.125.
(2) A person who has been convicted or found guilty except for insanity of one of the following offenses is not eligible for relief from the obligation to report as a sex offender pursuant to a petition filed under ORS 163A.125 (1):
(a) Rape in the first degree;
(b) Sodomy in the first degree;
(c) Unlawful sexual penetration in the first degree;
(d) Kidnapping in the first degree as described in ORS 163.235 (1)(e) or when the victim is under 18 years of age; or
(e) Burglary in the first degree when committed with the intent to commit any of the offenses listed in ORS 163A.005 (5)(a) to (w).
(3) A person classified as a level three sex offender under section 7 (2)(b), chapter 708, Oregon Laws 2013, is not eligible for relief from the obligation to report as a sex offender pursuant to a petition filed under ORS 163A.125 (1). [Formerly 181.803]
Note: Section 35, chapter 708, Oregon Laws 2013, provides:
Sec. 35. (1) Sections 4 to 6 of this 2013 Act [163A.115, 163A.125 and 163A.215] apply to persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act [163A.110], occurs on or after January 1, 2014.
(2) Notwithstanding section 7 or 38 of this 2013 Act or any other provision of law, notification to the public for persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act, occurs before January 1, 2014, shall continue to be governed by the law in effect on December 31, 2013. [2013 c.708 §35]
Note: The amendments to section 35, chapter 708, Oregon Laws 2013, by section 36, chapter 708, Oregon Laws 2013, become operative January 1, 2023. See section 37, chapter 708, Oregon Laws 2013, as amended by section 29, chapter 820, Oregon Laws 2015, and section 4, chapter 488, Oregon Laws 2017. The text that is operative on and after January 1, 2023, is set forth for the user’s convenience.
Sec. 35. Sections 4 to 6 of this 2013 Act [163A.115, 163A.125 and 163A.215] apply to persons for whom the event triggering the obligation to make an initial report, as defined in section 3 of this 2013 Act [163A.110], occurs before, on or after January 1, 2014.
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 163A - Sex Offender Reporting and Classification
Section 163A.005 - Definitions for ORS 163A.005 to 163A.235.
Section 163A.025 - Reporting by sex offender adjudicated in juvenile court.
Section 163A.040 - Failure to report as sex offender; defense.
Section 163A.045 - Purpose of sex offender reporting obligation; rules.
Section 163A.050 - Notice of reporting obligation to be given by court; procedure at intake.
Section 163A.060 - Offender profiling.
Section 163A.100 - Risk assessment methodology; rules.
Section 163A.105 - When risk assessments performed; classification into risk level; review; rules.
Section 163A.110 - Applicability of ORS 163A.105.
Section 163A.120 - Relief from reporting obligation.
Section 163A.130 - Relief from reporting obligation for juvenile offenders adjudicated in Oregon.
Section 163A.140 - Relief from reporting obligation; circumstances; order.
Section 163A.145 - Procedure for relief under ORS 163A.140; upon conviction or adjudication.
Section 163A.205 - Provision of records by Oregon Health Authority.
Section 163A.210 - Provision of records by Oregon Youth Authority and juvenile department.
Section 163A.215 - Release of sex offender information according to classification.
Section 163A.220 - Internet website.
Section 163A.225 - Release of information concerning sex offender adjudicated in juvenile court.
Section 163A.230 - Victim access to sex offender information; toll-free telephone number.
Section 163A.235 - Agreements to resolve concerns about community notification.