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 th
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163A — Sex Offender Reporting and Classification
Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
SEX OFFENDERS
CRIMES AND PUNISHMENTS
REPORTING
CLASSIFICATION
Note Existing registrants--2013 c.708 §7
RECLASSIFICATION AND RELIEF FROM REPORTING
PROVISION OF RECORDS BY AGENCIES
RELEASE OF INFORMATION
REPORTING
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Stable record: oregon_criminal_law:legal_authorities:163A.040 Source file: ors163a.html Pages: Not recorded – Not recorded Passage SHA-256: b24efd2826e901d5b6d75204cc8f926eea0e3b231ecd3e8b1a2a912b9ed3dfc9 Retained source evidence SHA-256: b0804c767ec158b9bde64c3614e82d87881fcbd447960c8e59265801f0dd03ea
Source location: ORS 163A.040 (all printed versions and notes)
Stored source content
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]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163A.010 Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction. (1) The agency to which a person reports under subsection (3) of this section shall complete a sex offender registration form concerning the person when the person reports under subsection (3) of this section.
(2) Subsection (3) of this section applies to a person who:
(a) Is discharged, paroled or released on any form of supervised or conditional release from a jail, prison or other correctional facility or detention facility in this state at which the person was confined as a result of:
(A) Conviction of a sex crime or a crime for which the person would have to register as a sex offender under federal law; or
(B) Having been found guilty except for insanity of a sex crime;
(b) Is paroled to this state under ORS 144.610 after being 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
(c) Is discharged by the court under ORS 161.329 after having been found guilty except for insanity of a sex crime.
(3)(a) A person described in subsection (2) of this section shall report, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county to which the person was discharged, paroled or released or in which the person was otherwise placed:
(A) Within 10 days following discharge, release on parole, post-prison supervision or other supervised or conditional release;
(B) Within 10 days of a change of residence;
(C)
163A.025 Reporting by sex offender adjudicated in juvenile court. (1) A person found to be within the jurisdiction of the juvenile court under ORS 419C.005, or found by the juvenile court to be responsible except for insanity under ORS 419C.411, for having committed an act that, if committed by an adult, would constitute a felony sex crime shall report as a sex offender as described in subsections (2) to (4) of this section, unless the juvenile court enters an order under ORS 163A.130 or 163A.135 relieving the person of the obligation to report, if:
(a) The person has been ordered under ORS 163A.030 to report as a sex offender;
(b) The person was adjudicated, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended, prior to August 12, 2015;
(c) The person was adjudicated prior to August 12, 2015, and the jurisdiction of the juvenile court or the Psychiatric Security Review Board over the person ended after August 12, 2015, and before April 4, 2016; or
(d) The person has been found in a juvenile adjudication in another United States court to have committed an act while the person was under 18 years of age that would constitute a felony sex crime if committed in this state by an adult.
(2) A person described in subsection (1)(a) or (d) of this section, or a person described in subsection (1)(c) of this section who did not make an initial report prior to April 4, 2016, who resides in this state shall make an initial report, in person, to the Department of State Police, a city police department or a county sheriff’s office as follows:
(a) The person shall report no later than 10 days after the date of the court order requiring the person to report under ORS 163A.030;
(b) If the person is adjudicated for the act giving
163A.035 Registration forms; Department of State Police to provide; distribution of information; rules; fee. (1) Agencies registering offenders under ORS 163A.010, 163A.015, 163A.020 and 163A.025 shall use forms and procedures adopted by the Department of State Police by administrative rule. The department shall include places on the form to list all the names used by the offender and the address of the offender. No later than three working days after registration, the agency or official completing the form shall forward the registration information to the department in the manner prescribed by the department.
(2) The department shall enter into the Law Enforcement Data System the sex offender information obtained from the sex offender registration forms. If a conviction or adjudication that gave rise to the registration obligation is reversed or vacated or if the registrant is pardoned, the department shall remove from the Law Enforcement Data System the sex offender information obtained from the form.
(3) The Law Enforcement Data System may send sex offender information to the National Crime Information Center as part of the national sex offender registry in accordance with appropriate state and federal procedures.
(4) If the person is no longer under supervision, the department shall verify the residence address of a person determined to be a sexually violent dangerous offender as defined in ORS 137.765 every 90 days by mailing a verification form to the person at the person’s last reported residence address. No later than 10 days after receiving the form, the person shall sign and return the form to the department.
(5) The department shall assess a person who is required to report under ORS 163A.010, 163A.015 or 163A.020 and who is not under supervision a fee of