ORS § 163A.140

Current through 2024 Regular Session legislation effective June 6, 2024
Section 163A.140 - Relief from reporting obligation; circumstances; order

A person otherwise required to report under ORS 163A.010, 163A.015, 163A.020 or 163A.025 is not required to report, and if currently reporting is no longer required to report, if:

(1)
(a) The person has been convicted of:
(A) Rape in the third degree as defined in ORS 163.355;
(B) Sodomy in the third degree as defined in ORS 163.385;
(C) Sexual abuse in the third degree as defined in ORS 163.415;
(D) Sexual abuse in the second degree as defined in ORS 163.425;
(E) Contributing to the sexual delinquency of a minor as defined in ORS 163.435;
(F) Sexual misconduct as defined in ORS 163.445; or
(G) An attempt to commit an offense listed in subparagraphs (A) to (F) of this paragraph;
(b) The person has been found guilty except for insanity of an offense listed in paragraph (a) of this subsection;
(c) The person has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute an offense listed in paragraph (a)(A), (B) or (D) of this subsection; or
(d) The person is paroled to this state under ORS 144.610 after being convicted in another United States court of a crime that would constitute an offense listed in paragraph (a) of this subsection;
(2)
(a) The person is less than five years older than the victim;
(b) The victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age;
(c) The victim was at least 14 years of age at the time of the offense or act;
(d) Except for the convictions or findings described in subsection (1) of this section, the person has not been convicted of, found guilty except for insanity of, or found to be within the jurisdiction of the juvenile court based on, a sex crime or an offense, in another United States court, for conduct that if committed in this state would constitute a sex crime; and
(e) Each conviction or finding described in subsection (1) of this section involved the same victim; and
(3) The court enters an order relieving the person of the requirement to report under ORS 163A.145 or 163A.150.

ORS 163A.140

Amended by 2021 Ch. 410,§ 2, eff. 1/1/2022.
Formerly 181.830