State v. Hinkle

Juvenile adjudications are treated in the same manner as adult convictions, in regards to the sex offender reporting requirements laid out in former ORS 181.599 (2011). Failure to report as a sex offender is a felony offense if "the crime for which the person is required to report is a felony," former ORS 181.599(3)(b) (2011).

Defendant appealed a felony conviction for failure to report as a sex offender, per former ORS 181.599 (2011). Defendant assigned error to two rulings made by the trial court, of which the Court of Appeals addressed one: the denial of a motion for judgment of acquittal. Defendant argued that juvenile adjudications were not considered crimes under Oregon law, and therefore he should not have been convicted of a felony for failing to report as a sex offender. In response, State argued that the language of former ORS 181.599 (2011), as well as its legislative history, implied that the statute's application was based on the nature of the underlying crime; thus, whether a legal proceeding resulted in a criminal conviction or a juvenile adjudication was immaterial. Juvenile adjudications are treated in the same manner as adult convictions, in regards to the sex offender reporting requirements laid out in former ORS 181.599 (2011). Failure to report as a sex offender is a felony offense if "the crime for which the person is required to report is a felony," former ORS 181.599(3)(b) (2011). In reviewing the legislative history pertaining to sex offender reporting laws, the Court determined that the legislatures’ 1995 amendments categorized adult convictions and juvenile adjudications as being in the same scheme for purposes of the reporting requirements. Therefore, Defendant was required to report as a sex offender upon moving to Oregon, and his failure to do so was a felony for the purposes of former ORS 181.599 (2011). Affirmed.