State v. Rogers

Under former ORS 181.599, failing to report as a sex offender is a felony if the juvenile defendant’s conviction for underlying crimes would have been felony sex crimes, had the defendant been an adult. State v. Hinkle, 287 Or App 786, 788, ___ P3d ___ (2017).

Defendant appealed a conviction for failing to report as a sex offender (former ORS 181.599 (2011)). Defendant assigned error to the trial court’s denial of his demurrer. Defendant acknowledged his failure to report his new address would constitute a felony if he was tried as an adult in the original proceedings. However, he argued that because he was convicted during a juvenile adjudication, the reporting requirement was not triggered because juvenile adjudications are not for “crimes”. Under former ORS 181.599, failing to report as a sex offender is a felony if the juvenile defendant’s conviction for underlying crimes would have been felony sex crimes, had the defendant been an adult. State v. Hinkle, 287 Or App 786, 788, ___ P3d ___ (2017). The Court of Appeals held that because the underlying crimes (first degree sex abuse and second-degree sodomy) would have been felonies if defendant had been an adult at the time of adjudication, his failure to report as a sex offender when he changed addresses was a felony. Affirmed.