State v. Benson

Under Article I, section 12, of the Oregon Constitution, “[n]o person shall be * * * compelled in any criminal prosecution to testify against himself.” Moreover, under ORS 136.425(1) a “confession or admission of a defendant, whether in the course of judicial proceedings or otherwise, cannot be given in evidence against the defendant when it was made under the influence of fear produced by threats.”

In April 2000, Petitioner first reported as a sex offender and continued to submit registration forms as necessary through June 2017. When Petitioner became homeless after an eviction, he did not attempt to update his registration. During a bench trial for failure to report, as evidence of Petitioner’s knowledge of the reporting requirement, the state sought to admit signed forms that included the statement, “I understand my initials mean I am aware of my requirement.” The trial court allowed the forms into evidence. He was subsequently convicted of failing to report under ORS 163A.040.

Petitioner appealed, challenging the trial court’s admission of the forms. He argued that the forms compelled his “admission to an element of a crime” because the initials and signatures contained in the forms were involuntary and inadmissible under ORS 136.425(1), Article I, section 12, of the Oregon Constitution, and the Fifth and Fourteenth Amendments to the United States Constitution.

Because the disclosures signed by Petitioner did not imply or admit his involvement in any criminal activity, the court found that he did not bear a substantial risk of self-incrimination at the time he signed the forms. Further, the Fifth and Fourteenth Amendments to the United States Constitution are not invoked unless a defendant is presented with  “substantial hazards of self-incrimination.” Thus, the court found that Petitioner’s knowledge of his awareness of specific reporting requirements did not compel self-incrimination.  Accordingly, the admission of evidence was not in violation of ORS 136.425(1) or the Oregon Constitution and the trial court did not err in admitting the forms. 

Affirmed.