- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 04-15-2015
- Case #: A154444
- Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, J.
- Full Text Opinion
Defendant appealed a conviction under ORS 181.812(1)(d), formerly ORS 181.599(1)(d), failure of a sex offender to report a new residence within 10 days of moving. Defendant argued that as in Depeche, the State had the burden to prove the exact moment and location of Defendant when the violation took place in order to prove venue. At trial, the State showed that Defendant had not been at his previously registered address for 27 days, but did not prove exactly the moment or Defendant's location when 10 days had lapsed since Defendant's change of residence. On appeal, the Court held the trial court's denial of Defendant's motion for judgment of acquittal based on insufficiency of proof was proper, reasoning under the new ORS 181.812(1)(d), which includes specific reporting requirements, the State no longer must prove exactly when the sex offender failed to report and had met its burden by presenting evidence that Defendant had not been to his previously reported residence in more than 10 days and failed to report he had moved out. Affirmed.