State v. Ribas

• Court: Oregon Court of Appeals
• Area(s) of Law: Criminal Law
• Date Filed: 07-17-2024
• Case #: 19CR38145; A178917
• Judge(s)/Court Below: Tookey, P.J.; Egan, J.; Kamins, J.
• Full Text Opinion

"[T]he state was required to prove that defendant did not report by the 10th day after a change of residence—in other words . . . that defendant moved on or before February 15."

Defendant was convicted of failing to register as a sex offender within 10 days of an address change. He appealed. He argued that the specific day he failed to report his address change was material. The state argued this was not required as time was not a material element of the offense. The court reasoned that, since the harm sought to be prevented by the reporting requirement was sex offenders waiting > 10 days before reporting, and there was sufficient evidence to show > 10 days had elapsed by the time alleged in the indictment, the court held the trial court did not err in denying the defendant’s JMOA, even though time was a material element of the offense. Affirmed.

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