Were you arrested and charged with failing to register as a sex offender in Oregon? A simple mistake or error in judgement could quickly lead to additional criminal penalties and possibly a return to prison.
Law enforcement and the courts in Oregon take sex offenses seriously, and especially after The Oregonian reported that the state had “one of the worst records in the country at following federal standards intended to thwart roaming sex offenders” and was “two years behind entering names into its electronic database of registered sex offenders.”
The state has made greater efforts in recent years to address its shortcomings when it comes to monitoring sex offenders. As a result, criminal charges for failure to register as a sex offender are prosecuted much more aggressively.
Were you arrested for allegedly failing to register as a sex offender in the greater Portland area? You will want to make sure you have an attorney before you say anything to authorities. With over a decade of experience fighting for the rights of people just like you, the team at Siefman Law LLC can help. Our lawyer can examine your case when you call (503) 395-2135 or contact us online to receive a free consultation.
Sex Offender Registration Laws and Failure to Register in Oregon
Reporting requirements for sex offenders are established under four different Oregon Revised Statutes:
- Oregon Revised Statute § 163A.010 relates to the reporting requirement for a sex offender discharged, paroled or released from correctional facility or another United States jurisdiction
- Oregon Revised Statute § 163A.015 relates to the reporting requirement for a sex offender discharged, released or placed on probation by court or another United States jurisdiction
- Oregon Revised Statute § 163A.020 relates to the reporting requirement for a sex offender upon moving into state; reporting by certain nonresidents and certain residents
- Oregon Revised Statute § 163A.025 relates to the reporting requirement for a sex offender adjudicated in juvenile court
All four of the statutes require a sex offender to 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 residence within 10 days of a discharge, release on parole or release on any form of supervised or conditional release, from a jail, prison or other correctional facility or detention facility or discharge, release or placement on probation, by another United States court as well as within 10 days of any change of residence.
A person also needs to report once each year within 10 days of the person’s birth date, within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education, and within 10 days of a change in work, vocation or attendance status at an institution of higher education.
Oregon Revised Statute § 163A.125 allows a sex offender to seek relief from a reporting obligation. A person required to report as a sex offender under Oregon Revised Statute § 163A.010, Oregon Revised Statute § 163A.015, or Oregon Revised Statute § 163A.020 due to a conviction for a sex crime and classified as a level one sex offender can petition the State Board of Parole and Post-Prison Supervision to relieve the person from the obligation to report as a sex offender no sooner than five years after the date supervision for the sex crime is terminated.
A level two sex offender can file a petition no sooner than 10 years after the date supervision for the sex crime is terminated. A level three sex offender can petition the State Board of Parole and Post-Prison Supervision to reclassify the person as a level two sex offender no sooner than 10 years after the date supervision for the sex crime is terminated.
A level two or level three sex offender can petition the classifying board or authority for review no later than 60 days after they receive notice of the classification.
What are the Penalties for Failure to Register as a Sex Offender?
Failure to register as a sex offender is often a Class A misdemeanor. A conviction is punishable by up to one year in jail and/or a fine of up to $6,250.
When an alleged offender fails to make an initial report to an agency, or the crime requiring them to report is a felony and they fail to report when they work at, carry on a vocation at, or attend an institution of higher education, fail to report following a change of school enrollment or employment status, fail to report following a change of residence, or fail to sign the sex offender registration form as required, failure to register as a sex offender is a Class C felony.
A Class C felony conviction is punishable by up to five years in prison and/or a fine of up to $125,000.
Contact Siefman Law for Help
If you were arrested for allegedly failing to register as a sex offender in Portland, you will want to seek legal representation right away. Siefman Law LLC defends clients all over Oregon.
Oregon state law does not distinguish whether a failure to register as a sex offender offense needs to be a knowing violation or if being unaware of the obligations is an adequate defense.
Defendants could be able to argue that their failure to register was an honest mistake. It may be possible that they never received a notification in some cases. Regardless of the circumstances, it is crucial that you hire an experienced attorney who understands Oregon’s specific registration laws and how to effectively represent you.
These are serious charges, but do not despair. With Siefman Law LLC on your side, it could be possible to get the charges against you dropped or the penalties reduced. Attorney Jeff Siefman has more than a decade of experience and is a member of the Oregon Trial Lawyers Association, Oregon Criminal Defense Lawyers Association, and Oregon State Bar. Call (503) 395-2135 or contact us online to take advantage of a free consultation.