State v. Chandler

“Because a person who must report has 10 days after release to sign the form, it follows that that person cannot ‘fail to sign’ the form before 10 days have elapsed.” See State v. Depeche, 242 Or App 155, 163, 255 P3d 502 (2011).

Defendant appealed a judgment of conviction for failure to report as a sex offender under ORS 163A.040. On appeal, Defendant argued that he did not violate the statute by refusing to sign on the day of his release from prison because the statute allows 10 days following release for the form to be signed. In response, the State argued that because no reference to a 10-day window appears in either ORS 163A.010(4)(a)(A) or ORS 163A.040(1), the 10-day window was not intended to apply to the requirement that Defendant sign the registration form. “Because a person who must report has 10 days after release to sign the form, it follows that that person cannot ‘fail to sign’ the form before 10 days have elapsed.” See State v. Depeche, 242 Or App 155, 163, 255 P3d 502 (2011). The Court of Appeals found that the State failed to establish a violation of ORS 163A.040 based on Defendant’s refusal to sign the registration form on the day that he was released. The Court of Appeals held that the statutes, when read together, indicated that the signature requirement is merely part of the broader reporting requirement, which a person has 10 days to complete. Reversed.