State of Oregon v. Louis J. Massei

When the county in which a sexual offense took place cannot be readily determined, venue may be proper in the county where the defendant resides under ORS 131.325; however, the court will not take judicial notice of the proximity of a defendant’s address to a specific county when referencing to internet mapping sources because those sources “cannot reasonably by questioned.” OEC 201(b)(2).

Defendant Massei was convicted of failure to register as a sex offender under ORS 181.599. The defendant argues that the state failed to prove venue and the trial court erred by denying her motion for judgment of acquittal. The Court held that the state: (1) did not prove that the defendant failed to reregister as a sex offender after the tenth day pursuant to ORS 181.597(1)(a)(C); and (2) that she was where the prosecution was brought, Polk County, on that date. When the county in which the crime took place cannot be readily determined, venue may be proper in the county of the defendant’s residence under ORS 131.325. The defendant’s residence in Polk County on the date of the offense was not proved by the state and the Court did not rely on internet mapping sources to provide proximity of defendant’s residence to Polk County because such sources’ accuracy “cannot reasonably be questioned.” OEC 201(b)(2). Reversed.