State v. Goacher

ORS 163A.140 does not violate Article I, section 20 of the Oregon Constitution because, when certain sex offenders are required to register as opposed to similarly situated sex offenders, there is no separate group benefiting from such unequal treatment.

Defendant appealed a conviction for second-degree sexual abuse and assigned error to the application of ORS 163A.140 which required registration as a sex offender as a condition of probation.  Defendant argued ORS 163A.140 violates Article I, section 20 of the Oregon Constitution because reporting exemptions are not granted equally to all sex offenders, because others similarly situated as the defendant, were granted a reporting exemption.  The State argued no violation because the defendant is not a member of a true class.  Under Article I, section 20 of the Oregon Constitution: “No law shall be passed granting to any citizen or class of citizens privileges, or immunities, which, upon the same terms, shall not equally belong to all citizens.”  ORS 163A.140 provides an exemption for certain offenders when certain factors are met.  The Court found that ORS 163A.140 does not violate Article I, section 20 of the Oregon Constitution because, when certain sex offenders are required to register as opposed to similarly situated sex offenders, there is no separate group benefiting from such unequal treatment.  Because Defendant provided evidence of treatment within a class, not between classes and could not show the decision to charge under ORS 163.425, as opposed to another applicable statute, was discriminatory, the Court held there was no constitutional violation.  Affirmed.