State v. Lafountain

To prove that a party is living somewhere else, the state must both prove that defendant was no longer living at his former residence and that defendant established a new residence. State v. Hiner, 269 Or App 447, 452, 345 P3d 478 (2015).

Defendant was convicted for violation of ORS 163A.040(1)(d) (2015), amended by Or Laws 2017, ch 418, § 1, which requires a sex offender to report a move to a new residence. Defendant assigned error to the court's determination that his time spent in jail, at a homeless shelter, and across the street from a Chevron gas station qualified as a "move to a new residence." On appeal, Defendant argued that "'residence' for reporting purposes is a place that a person intends to return to as a home, and not locations where someone is staying temporarily." In response, the State argued that "residence" is unfettered by temporal requirements, and there was enough evidence to show that Defendant maintained a residence in the assorted locations. To prove that a party is living somewhere else, the state must both prove that defendant was no longer living at his former residence and that defendant established a new residence. State v. Hiner, 269 Or App 447, 452, 345 P3d 478 (2015). The Court held that the term "residence" was not intended to include correctional facilities for the purposes of the crime of failing to report a move to a new residence. Additionally, the Court held that the State did not provide enough evidence to show Defendant took up a new residence under the meaning of ORS 163A.040(1)(d) (2015).

Conviction on Count 1 reversed; remanded for resentencing; otherwise affirmed.