reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.687 - Encouraging child sexual abuse in the third degree.

(1) A person commits the crime of encouraging child sexual abuse in the third degree if the person:
(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or
(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and
(B) Knows or fails to be aware of a substantial and unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse; or
(b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and
(B) Knows or fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse.
(2) Encouraging child sexual abuse in the third degree is a Class A misdemeanor. [1995 c.768 §3a; 2011 c.515 §5]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.688 - Possession of materials depicting sexually explicit conduct of a child in the first degree.

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person:
(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and
(b) Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct.
(2) Possession of materials depicting sexually explicit conduct of a child in the first degree is a Class B felony. [1997 c.719 §3; 2011 c.515 §6]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.689 - Possession of materials depicting sexually explicit conduct of a child in the second degree.

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second degree if the person:
(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and
(b) Intends to use the visual depiction to induce a child to participate or engage in sexually explicit conduct.
(2) Possession of materials depicting sexually explicit conduct of a child in the second degree is a Class C felony. [1997 c.719 §4; 2011 c.515 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.690 - Lack of knowledge of age of child as affirmative defense.

It is an affirmative defense to any prosecution under ORS 163.684, 163.686, 163.687 or 163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child. [1985 c.557 §7; 1987 c.864 §13; 1991 c.664 §9; 1995 c.768 §7]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.693 - Failure to report child pornography.

(1) As used in this section:
(a) "Computer technician" means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation.
(b) "Processor of photographic images" means a person who develops, processes, reproduces, transfers, edits or enhances photographic film into negatives, slides, prints, movies, digital images or video.
(2) A processor of photographic images or a computer technician who reasonably believes the processor or technician has observed a visual recording of a child involved in sexually explicit conduct shall report the name and address, if known, of the person requesting the processing or of the owner or person in possession of the computer, computer network or computer system to:
(a) The CyberTipline at the National Center for Missing and Exploited Children;
(b) The local office of the Department of Human Services; or
(c) A law enforcement agency within the county where the processor or technician making the report is located at the time the visual recording is observed.
(3) Nothing in this section requires a processor of photographic images or a computer technician to monitor any user, subscriber or customer or to search for prohibited materials or media.
(4) Any person, their employer or a third party complying with this section in good faith shall be immune from civil or criminal liability in connection with making the report, except for willful or wanton misconduct.
(5) A person commits the crime of failure to report child pornography if the person violates the provisions of this section.
(6) Failure to report child pornography is a Class A misdemeanor. [1987 c.864 §7; 1991 c.664 §10; 2011 c.515 §§8,11a]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.700 - Invasion of personal privacy in the second degree.

(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the second degree if:
(a)(A) For the purpose of arousing or gratifying the sexual desire of the person, the person is in a location to observe another person in a state of nudity without the consent of the other person; and
(B) The other person is in a place and circumstances where the person has a reasonable expectation of personal privacy; or
(b)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate area without the consent of the other person; and
(B) The person being recorded has a reasonable expectation of privacy concerning the intimate area.
(2) As used in this section and ORS 163.701:
(a) "Intimate area" means nudity, or undergarments that are being worn by a person and are covered by clothing.
(b) "Makes or records a photograph, motion picture, videotape or other visual recording" includes, but is not limited to:
(A) Making or recording or employing, authorizing, permitting, compelling or inducing another person to make or record a photograph, motion picture, videotape or other visual recording.
(B) Making or recording a photograph, motion picture, videotape or other visual recording through the use of an unmanned aircraft system as defined in ORS 837.300, even if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration.
(c) "Nudity" means any part of the uncovered or less than opaquely covered:
(A) Genitals;
(B) Pubic area; or
(C) Female breast below a point immediately above the top of the areola.
(d) "Places and circumstances where the person has a reasonable expectation of personal privacy" includes, but is not limited to, a bathroom, dressing room, locker room that includes an enclosed area for dressing or showering, tanning booth and any area where a person undresses in an enclosed space that is not open to public view.
(e) "Public view" means that an area can be readily seen and that a person within the area can be distinguished by normal unaided vision when viewed from a public place as defined in ORS 161.015.
(f) "Reasonable expectation of privacy concerning the intimate area" means that the person intended to protect the intimate area from being seen and has not exposed the intimate area to public view.
(3) Invasion of personal privacy in the second degree is a Class A misdemeanor. [1997 c.697 §1; 2001 c.330 §1; 2009 c.877 §1; 2013 c.1 §11; 2015 c.321 §§1,4; 2016 c.72 §11]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.701 - Invasion of personal privacy in the first degree.

(1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the first degree if:
(a)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without the consent of the other person; and
(B) At the time the visual recording is made or recorded the person being recorded is in a place and circumstances where the person has a reasonable expectation of personal privacy; or
(b) The person violates ORS 163.700 and, at the time of the offense, has a prior conviction for:
(A) Invasion of personal privacy in any degree, public indecency, private indecency or a sex crime as defined in ORS 163A.005; or
(B) The statutory counterpart of an offense described in subparagraph (A) of this paragraph in another jurisdiction.
(2)(a) Invasion of personal privacy in the first degree is a Class C felony.
(b) The Oregon Criminal Justice Commission shall classify invasion of personal privacy in the first degree as crime category 6 of the sentencing guidelines grid of the commission.
(3) The court may designate invasion of personal privacy in the first degree as a sex crime under ORS 163A.005 if the court finds that the circumstances of the offense require the defendant to register and report as a sex offender for the safety of the community. [2015 c.645 §2]
Note:
See note under 163.700.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.702 - Exceptions to ORS 163.700 and 163.701.

(1) The provisions of ORS 163.700 and 163.701 do not apply to:
(a) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical service for the purpose of medical diagnosis, treatment, education or research, including, but not limited to, the recording of medical procedures; and
(b) Any activity undertaken in the course of bona fide law enforcement or corrections activity or necessary to the proper functioning of the criminal justice system, including but not limited to the operation and management of jails, prisons and other youth and adult corrections facilities.
(2) The provisions of ORS 163.701 (1)(a) do not apply to a visual recording of a person under 12 years of age if:
(a) The person who makes or records the visual recording is the father, mother, sibling, grandparent, aunt, uncle or first cousin, by blood, adoption or marriage, of the person under 12 years of age; and
(b) The visual recording is made or recorded for a purpose other than arousing or gratifying the sexual desire of the person or another person. [1997 c.697 §2; 2009 c.877 §2; 2015 c.645 §7]
Note:
See note under 163.700.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.705 - Polygraph examination of victims in certain criminal cases prohibited.

No district attorney or other law enforcement officer or investigator involved in the investigation or prosecution of crimes, or any employee thereof, shall require any complaining witness in a case involving the use of force, violence, duress, menace or threat of physical injury in the commission of any sex crime under ORS 163.305 to 163.575, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading. [1981 c.877 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.707 - Forfeiture of motor vehicle used in drive-by shooting.

(1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture.
(2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A.
(3) As used in this section, "drive-by shooting" means discharge of a firearm from a motor vehicle while committing or attempting to commit:
(a) Aggravated murder under ORS 163.095;
(b) Murder in any degree under ORS 163.107 or 163.115;
(c) Manslaughter in any degree under ORS 163.118 or 163.125;
(d) Assault in any degree under ORS 163.160, 163.165, 163.175 or 163.185;
(e) Menacing under ORS 163.190;
(f) Recklessly endangering another person under ORS 163.195;
(g) Assaulting a public safety officer under ORS 163.208; or
(h) A bias crime in any degree under ORS 166.155 or 166.165. [1999 c.870 §1; 2009 c.78 §57; 2019 c.553 §14; 2019 c.635 §20]
Note:
163.707 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.709 - Unlawful directing of light from a laser pointer.

(1) A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is:
(a) A peace officer as defined in ORS 161.015 who is acting in the course of official duty; or
(b) A uniformed private security professional as defined in ORS 181A.840 who is on duty.
(2) The offense described in this section, unlawful directing of light from a laser pointer, is a Class A misdemeanor.
(3) As used in this section, "laser pointer" means a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye. [1999 c.757 §1; 2005 c.447 §9]
Note:
163.709 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.715 - Unlawful use of a global positioning system device.

(1) A person commits the crime of unlawful use of a global positioning system device if the person knowingly affixes a global positioning system device to a motor vehicle without consent of the owner of the motor vehicle.
(2)(a) Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning system device is a Class A misdemeanor.
(b) Unlawful use of a global positioning system device is a Class C felony if, at the time of the offense, the person:
(A) Has been previously convicted of stalking under ORS 163.732, violating a court’s stalking order under ORS 163.750 or committing an equivalent crime in another jurisdiction; or
(B) Is the subject of a citation issued under ORS 163.735, an order issued under ORS 30.866, 107.700 to 107.735 or 163.738 or another court order prohibiting the person from contacting another person.
(3) This section does not apply to:
(a) A police officer who affixes a global positioning system device to a motor vehicle pursuant to a warrant or court order; or
(b) A person who affixes a global positioning system device to a motor vehicle operated by a motor carrier.
(4) As used in this section:
(a) "Global positioning system device" means an electronic device that permits the tracking of a person or object by means of global positioning system coordinates.
(b) "Motor carrier" has the meaning given that term in ORS 825.005.
(c) "Police officer" has the meaning given that term in ORS 133.525. [2017 c.649 §1]
Note:
163.715 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.730 - Definitions for ORS 30.866 and 163.730 to 163.750.

As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise:
(1) "Alarm" means to cause apprehension or fear resulting from the perception of danger.
(2) "Coerce" means to restrain, compel or dominate by force or threat.
(3) "Contact" includes but is not limited to:
(a) Coming into the visual or physical presence of the other person;
(b) Following the other person;
(c) Waiting outside the home, property, place of work or school of the other person or of a member of that person’s family or household;
(d) Sending or making written or electronic communications in any form to the other person;
(e) Speaking with the other person by any means;
(f) Communicating with the other person through a third person;
(g) Committing a crime against the other person;
(h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person’s relationship with the other person;
(i) Communicating with business entities with the intent of affecting some right or interest of the other person;
(j) Damaging the other person’s home, property, place of work or school;
(k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person; or
(L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9.
(4) "Household member" means any person residing in the same residence as the victim.
(5) "Immediate family" means father, mother, child, sibling, spouse, grandparent, stepparent and stepchild.
(6) "Law enforcement officer" means:
(a) A person employed in this state as a police officer by:
(A) A county sheriff, constable or marshal;
(B) A police department established by a university under ORS 352.121 or 353.125; or
(C) A municipal or state police agency; or
(b) An authorized tribal police officer as defined in ORS 181A.940.
(7) "Repeated" means two or more times.
(8) "School" means a public or private institution of learning or a child care facility. [1993 c.626 §1; 1995 c.278 §27; 1995 c.353 §1; 2001 c.870 §1; 2007 c.71 §46; 2009 c.359 §2; 2011 c.644 §§24,66,73; 2013 c.180 §§25,26; 2015 c.174 §12]
Note:
163.730 to 163.753 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.732 - Stalking.

(1) A person commits the crime of stalking if:
(a) The person knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person;
(b) It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; and
(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim’s immediate family or household.
(2)(a) Stalking is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if the person has a prior conviction for:
(A) Stalking; or
(B) Violating a court’s stalking protective order.
(c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. [1993 c.626 §2; 1995 c.353 §2]
Note:
See note under 163.730.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.744 - Initiation of action seeking citation; complaint form.

(1) A person may initiate an action seeking a citation under ORS 163.735 by presenting a complaint to a law enforcement officer or to any law enforcement agency. The complaint shall be a statement setting forth with particularity the conduct that is the basis for the complaint. The petitioner must affirm the truth of the facts in the complaint.
(2) The Department of State Police shall develop and distribute the form of the complaint. The form shall include the standards for reviewing the complaint and for action. The form shall be uniform throughout the state and shall include substantially the following material:
______________________________________________________________________________
STALKING COMPLAINT
Name of petitioner (person presenting complaint): _____________________
Name of person being stalked if other than the petitioner: __________________
___________________________
Name of respondent (alleged stalker):
___________________________
Description of respondent:
___________________________
___________________________
___________________________
Length of period of conduct:
___________________________
___________________________
Description of relationship (if any) between petitioner or person being stalked, if other than the petitioner, and respondent:
___________________________
___________________________
Description of contact:
___________________________
___________________________
___________________________
___________________________
___________________________
Subscribed to and affirmed by:
___________________________
(printed name of petitioner) ___________________________
Dated: ____________
______________________________________________________________________________
(3) A parent may present a complaint to protect a minor child. A guardian may present a complaint to protect a dependent person.
(4) By signing the complaint, a person is making a sworn statement for purposes of ORS 162.055 to 162.425. [1993 c.626 §6; 1995 c.353 §5]
Note:
See note under 163.730.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.750 - Violating a court’s stalking protective order.

(1) A person commits the crime of violating a court’s stalking protective order when:
(a) The person has been served with a court’s stalking protective order as provided in ORS 30.866 or 163.738 or if further service was waived under ORS 163.741 because the person appeared before the court;
(b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and
(c) If the conduct is prohibited contact as defined in ORS 163.730 (3)(d), (e), (f), (h) or (i), the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order.
(2)(a) Violating a court’s stalking protective order is a Class A misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, violating a court’s stalking protective order is a Class C felony if the person has a prior conviction for:
(A) Stalking; or
(B) Violating a court’s stalking protective order.
(c) When violating a court’s stalking protective order is a Class C felony pursuant to paragraph (b) of this subsection, violating a court’s stalking protective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. [1993 c.626 §8; 1995 c.353 §7]
Note:
See note under 163.730.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.753 - Immunity of officer acting in good faith.

A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation under ORS 163.735. [1993 c.626 §11; 1995 c.353 §9]
Note:
See note under 163.730.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.755 - Conduct for which stalking protective order may not be issued.

(1) Nothing in ORS 30.866 or 163.730 to 163.750 shall be construed to permit the issuance of a court’s stalking protective order under ORS 30.866 or 163.738, the issuance of a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866:
(a) For conduct that is authorized or protected by the labor laws of this state or of the United States.
(b) By or on behalf of a person who is in the legal or physical custody of a law enforcement unit or is in custody under ORS chapter 419C.
(c) By or on behalf of a person not described in paragraph (b) of this subsection to or against another person who:
(A) Is a parole and probation officer or an officer, employee or agent of a law enforcement unit, a county juvenile department or the Oregon Youth Authority; and
(B) Is acting within the scope of the other person’s official duties.
(2) As used in this section, "law enforcement unit" and "parole and probation officer" have the meanings given those terms in ORS 181A.355. [1995 c.353 §8; 2003 c.292 §1]
Note:
163.755 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.760 - Definitions for ORS 163.760 to 163.777.

As used in ORS 163.760 to 163.777:
(1) "Declaration under penalty of perjury," "family or household members," "interfere," "intimidate," "menace" and "molest" have the meanings given those terms in ORS 107.705.
(2) "Sexual abuse" means sexual contact with:
(a) A person who does not consent to the sexual contact; or
(b) A person who is considered incapable of consenting to a sexual act under ORS 163.315, unless the sexual contact would be lawful under ORS 163.325 or 163.345.
(3) "Sexual contact" has the meaning given that term in ORS 163.305. [2013 c.687 §1; 2015 c.121 §21]
Note:
163.760 to 163.777 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.763 - Petition to circuit court for relief; burden of proof.

(1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if:
(a) The person and the respondent are not family or household members;
(b) The respondent is at least 18 years of age; and
(c) The respondent is not prohibited from contacting the person pursuant to a foreign restraining order as defined in ORS 24.190, an order issued under ORS 30.866, 124.015, 124.020, 163.738 or 419B.845 or an order entered in a criminal action.
(2)(a) A petition seeking relief under ORS 163.760 to 163.777 must be filed in the circuit court for the county in which the petitioner or the respondent resides. The petition may be filed, without the appointment of a guardian ad litem, by a person who is at least 12 years of age or by a parent or lawful guardian of a person who is under 18 years of age.
(b) The petition must allege that:
(A) The petitioner reasonably fears for the petitioner’s physical safety with respect to the respondent; and
(B) The respondent subjected the petitioner to sexual abuse.
(c) The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury.
(d) The petitioner has the burden of proving a claim under ORS 163.760 to 163.777 by a preponderance of the evidence. [2013 c.687 §2; 2015 c.121 §22; 2019 c.353 §1]
Note:
See note under 163.760.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.767 - Hearing; order; certificate of compliance; consent agreement.

(1) If the respondent requests a hearing under ORS 163.765 (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765.
(2)(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit court may extend the date of the hearing for up to five days so that the party may seek representation.
(b) If one party is represented by an attorney at the hearing, the circuit court may extend the date of the hearing for up to five days at the other party’s request so that the other party may seek representation.
(3) If the circuit court continues the restraining order issued under ORS 163.765, with or without modification, at a hearing about which the respondent received actual notice and the opportunity to be heard, the court shall include in the restraining order a certificate in substantially the following form in a separate section immediately above the signature of the judge:
______________________________________________________________________________
CERTIFICATE OF COMPLIANCE
WITH THE VIOLENCE
AGAINST WOMEN ACT OF 1994
This protective order meets all full faith and credit requirements of the Violence Against Women Act of 1994, 18 U.S.C. 2265. This court has jurisdiction over the parties and the subject matter. The respondent was afforded notice and timely opportunity to be heard as provided by the law of this jurisdiction. This protective order is valid and entitled to enforcement in this and all other jurisdictions.
______________________________________________________________________________
(4) The circuit court may approve a consent agreement if the court determines that the agreement provides sufficient protections to the petitioner. The circuit court may not approve a term in a consent agreement that provides for restraint of a party to the agreement unless the other party petitioned for and was granted a restraining order issued under ORS 163.765.
(5) A restraining order entered under this section, or a consent agreement entered into under this section, shall continue for a period of five years from the date of the restraining order issued under ORS 163.765 or, if the petitioner is under 18 years of age at the time of issuance, until the petitioner attains 19 years of age, whichever occurs later, unless the court enters a permanent order under ORS 163.765 (8) or the restraining order is renewed, modified or terminated in accordance with ORS 163.775. [2013 c.687 §4; 2019 c.353 §3]
Note:
See note under 163.760.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.770 - Appearance by telephone or electronic communication device.

(1) A party may file a motion under ORS 45.400 requesting that the circuit court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 163.760 to 163.777.
(2) In determining whether to allow written notice less than 30 days before the proceeding under ORS 45.400 (2), the circuit court shall consider the expedited nature of a proceeding under ORS 163.760 to 163.777.
(3) In addition to the factors listed in ORS 45.400 (3)(b) that would support a finding of good cause, the circuit court shall consider whether the safety or welfare of the party or witness would be threatened if testimony were required to be provided in person at a proceeding under ORS 163.760 to 163.777.
(4) A motion or good cause determination is not required for ex parte hearings held by telephone under ORS 163.765. [2013 c.687 §5; 2017 c.240 §4]
Note:
See note under 163.760.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163 - Offenses Against Persons › Section 163.777 - Fees or undertaking may not be required; forms and brochures.

(1)(a) A filing fee, service fee or hearing fee may not be charged for proceedings seeking only the relief provided under ORS 163.760 to 163.777.
(b) An undertaking may not be required in any proceeding under ORS 163.760 to 163.777.
(2) A proceeding under ORS 163.760 to 163.777 is in addition to any other available civil or criminal remedies.
(3)(a) The State Court Administrator shall produce:
(A) The forms for petitions and restraining orders, hearing requests and any related forms for use under ORS 163.760 to 163.777; and
(B) An instructional brochure explaining the rights set forth in ORS 163.760 to 163.777.
(b) The State Court Administrator shall provide the forms and copies of the instructional brochure to the clerks of the circuit court who shall make the forms and brochures available to the public. [2013 c.687 §§8,10]
Note:
See note under 163.760.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 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 $70 each year. Moneys received by the department under this subsection are continuously appropriated to the department for the purpose of carrying out the department’s duties under ORS 163A.005 to 163A.235. [Formerly 181.810; 2021 c.597 §34]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.045 - Purpose of sex offender reporting obligation; rules.

(1) The purpose of ORS 163A.005 to 163A.235 is to assist law enforcement agencies in preventing future sex offenses.
(2) The Department of State Police may adopt rules to carry out the responsibilities of the department under ORS 163A.005 to 163A.235. [Formerly 181.814]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.050 - Notice of reporting obligation to be given by court; procedure at intake.

(1) When the court imposes sentence upon a person convicted of a sex crime or finds a person guilty except for insanity of a sex crime, the court shall notify the person of the obligation to report as a sex offender under ORS 163A.010 and 163A.015.
(2) At the initial intake for incarceration or release on any type of supervised release, the sex offender shall complete a form that documents the offender’s obligation to report under ORS 163A.010 or 163A.015 and the effect described in ORS 163A.115 of failing to submit to a sex offender risk assessment. The Department of State Police shall develop and provide the form. No later than three working days after the sex offender completes the form, the person responsible for the intake process shall send the form to the Department of State Police. [Formerly 181.815; 2017 c.233 §1]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.055 - Notice required when offender moves to another state.

When the Department of State Police learns that a person required to report under ORS 163A.010, 163A.015, 163A.020 or 163A.025 is moving to another state, the department shall notify the appropriate criminal justice agency of that state of that fact. The department is not responsible for registering and tracking a person once the person has moved from this state. [Formerly 181.816]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.060 - Offender profiling.

(1) For those sex offenders classified as a level three sex offender under ORS 163A.100 (3), or designated as a predatory sex offender prior to January 1, 2014, the supervising agency or the agency making the classification or designation shall provide the Department of State Police, by electronic or other means, at the termination of supervision, with the following information for the purpose of offender profiling:
(a) Presentence investigations;
(b) Violation reports;
(c) Parole and probation orders;
(d) Conditions of parole and probation and other corrections records;
(e) Sex offender risk assessments; and
(f) Any other information that the supervising agency or the agency making the classification or designation determines is appropriate disclosure of which is not otherwise prohibited by law.
(2) The Oregon Youth Authority and county juvenile departments shall provide access to information in their files to the Oregon State Police for the purpose of offender profiling.
(3)(a) Except as otherwise provided by law, the Oregon State Police may not disclose information received under subsection (1) or (2) of this section.
(b) The Department of State Police may release information on the methodology of offenses and behavior profiles derived from information received under subsection (1) or (2) of this section to local law enforcement agencies. [Formerly 181.817]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.065 - Immunity.

A public agency and its employees are immune from liability, both civil and criminal, for the good faith performance of the agency’s or employee’s duties under ORS 163A.005 to 163A.235. [Formerly 181.818]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.100 - Risk assessment methodology; rules.

The State Board of Parole and Post-Prison Supervision shall, in consultation with community corrections agencies, adopt by rule a sex offender risk assessment methodology for use in classifying sex offenders. Application of the risk assessment methodology to a sex offender must result in placing the sex offender in one of the following levels:
(1) A level one sex offender who presents the lowest risk of reoffending and requires a limited range of notification.
(2) A level two sex offender who presents a moderate risk of reoffending and requires a moderate range of notification.
(3) A level three sex offender who presents the highest risk of reoffending and requires the widest range of notification. [Formerly 181.800]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.115 - When certain classification required; persons ineligible for relief from reporting obligation.

Notwithstanding any other provision of law:
(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 (x).
(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; 2023 c.200 §5]
Note:
Section 35, chapter 708, Oregon Laws 2013, provides:
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. [2013 c.708 §35; 2013 c.708 §36]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › 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. [Formerly 181.830; 2021 c.410 §2]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.145 - Procedure for relief under ORS 163A.140; upon conviction or adjudication.

(1) When a person is convicted of an offense or adjudicated for an act described in ORS 163A.140 (1), the court shall determine whether the person is required to report under ORS 163A.010 or 163A.015.
(2) The court shall enter an order relieving the person of the requirement to report, unless:
(a) The court finds by a preponderance of the evidence that the person does not meet the eligibility requirements described in ORS 163A.140; or
(b) The district attorney and the person stipulate that the person is required to report.
(3) The state has the burden of proving that the person does not meet the eligibility requirements described in ORS 163A.140.
(4) If the court relieves the person from the requirement to report, the person shall send a certified copy of the court order to the Department of State Police. [Formerly 181.832]
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.200 - Provision of records by Psychiatric Security Review Board and Oregon Health Authority.

(1) Notwithstanding ORS 179.505, the Psychiatric Security Review Board and the Oregon Health Authority shall provide to the State Board of Parole and Post-Prison Supervision any records that would assist the State Board of Parole and Post-Prison Supervision in:
(a) Performing an initial classification of a person into one of the three levels described in ORS 163A.100, as required by ORS 163A.105;
(b) Deciding whether to reclassify a person as a level one or a level two sex offender or relieve the person from the obligation to report as a sex offender, as described in ORS 163A.125; or
(c) Conducting a risk assessment of a person who is an existing registrant to classify the person into one of the three levels described in ORS 163A.100, as required by section 7, chapter 708, Oregon Laws 2013.
(2) The State Board of Parole and Post-Prison Supervision may not release any records obtained pursuant to this section to any other agency or person unless authorized by law to do so. [2015 c.820 §19]
Note:
163A.200 to 163A.210 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163A or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 04 - Criminal Procedure, Crimes › Chapter 163A - Sex Offender Reporting and Classification › Section 163A.205 - Provision of records by Oregon Health Authority.

(1) Notwithstanding ORS 179.505, the Oregon Health Authority shall provide to the Psychiatric Security Review Board any records that would assist the board in:
(a) Performing an initial classification of a person into one of the three levels described in ORS 163A.100, as required by ORS 163A.105;
(b) Deciding whether to reclassify a person as a level one or a level two sex offender or relieve the person from the obligation to report as a sex offender, as described in ORS 163A.125; or
(c) Conducting a risk assessment of a person who is an existing registrant to classify the person into one of the three levels described in ORS 163A.100, as required by section 7, chapter 708, Oregon Laws 2013.
(2) The board may not release any records obtained pursuant to this section to any other agency or person unless authorized by law to do so. [2015 c.820 §20]
Note:
See note under 163A.200.