454 P.3d 14
Or. Ct. App.2019Background:
- Defendant (Jerry Miller) was required to register as a sex offender and knew the reporting requirements.
- In June 2016 he lived in a van whose registered address was off Carpenterville Road; he spent 16 consecutive days at Harris Beach State Park (day use area by day, rest area nights).
- Park rangers’ logs showed the van present nightly from May 31 to June 16, 2016; park rules limited stays to short-term/transient use.
- Defendant was arrested June 18, 2016 after he had already left the park; charged with failing to report a change of residence under ORS 163A.040(1)(d).
- At trial defendant moved for judgment of acquittal; the trial court denied the motion and convicted him; on appeal the court reviewed whether the state proved he had "acquired a new residence."
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the state proved defendant "acquired a new residence" so as to trigger the 10-day reporting duty | Miller’s continuous 16-day presence at the park established a new residence and duty to report | The park was a transient rest area with time limits; the stay was a sojourn, not a settled residence, and he had left by arrest | Reversed: evidence insufficient under State v. Lafountain; no proof of a settled (non‑transient) new residence |
Key Cases Cited
- State v. Lafountain, 299 Or App 311 (term "residence" means settled beyond transient visit or sojourn)
- State v. Hiner, 269 Or App 447 (duty to report triggered only after leaving former residence and acquiring a new one)
- State v. Harper, 296 Or App 125 (standard of review for denial of judgment of acquittal)