Ivan Smith was booked at 11:30 AM on Friday, February 15th, 2019 by Portland Police, Central Precinct. Smith was booked into Multnomah County Jail in Portland, Oregon.
The 43 year old male was arrested for suspicion of the below crimes:
- IDENTITY THEFT (C Felony)
- FL REG SEX OFF FEL (C Felony)
- FL REG SEX OFF FEL (C Felony)
- POSS METH MISD (A Misdemeanor)
- TRESPASS II (C Misdemeanor)
- PAROLE OR PPSV VIOL (U Felony)
No bail has been set for Smith which is listed as a 5 ft 6 in black male weighing approximately 170 lbs.
Ivan Smith was arrested in Multnomah County Oregon and Ivan Smith has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office near Multnomah County Oregon. For more regarding the Multnomah County Sheriffs department you can visit their website. They can also be contact them at their Frequently asked Questions.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Identity theft.
(1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.(2) Identity theft is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol;
(b) Was under 18 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175; or
(c) Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:
(A) Place the access to which is restricted based on age; or
(B) Benefit based on age.
(4) As used in this section:
(a) Another person means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.
(b) Personal identification includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:
(A) A person’s name, address or telephone number;
(B) A person’s driving privileges;
(C) A person’s Social Security number or tax identification number;
(D) A person’s citizenship status or alien identification number;
(E) A person’s employment status, employer or place of employment;
(F) The identification number assigned to a person by a person’s employer;
(G) The maiden name of a person or a person’s mother;
(H) The identifying number of a person’s depository account at a financial institution or trust company, as those terms are defined in ORS 706.008, or a credit card account;
(I) A person’s signature or a copy of a person’s signature;
(J) A person’s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;
(K) A person’s photograph;
(L) A person’s date of birth; and
(M) A person’s personal identification number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1; 2013 c.158 §34; 2015 c.158 §25]
Failure to report as sex offender; defense.
(1) A person who is required to report as a sex offender in accordance with the applicable provisions of ORS 163A.010, 163A.015, 163A.020 or 163A.025 and who has knowledge of the reporting requirement commits the crime of failure to report as a sex offender if the person:(a) Fails to make the initial report to an agency;
(b) Fails to report when the person works at, carries on a vocation at or attends an institution of higher education;
(c) Fails to report following a change of school enrollment or employment status, including enrollment, employment or vocation status at an institution of higher education;
(d) Moves to a new residence and fails to report the move and the person’s new address;
(e) Fails to make an annual report;
(f) Fails to provide complete and accurate information;
(g) Fails to sign the sex offender registration form as required;
(h) Fails or refuses to participate in a sex offender risk assessment as directed by the State Board of Parole and Post-Prison Supervision, Psychiatric Security Review Board, Oregon Health Authority or supervisory authority; or
(i) Fails to submit to fingerprinting or to having a photograph taken of the person’s face, identifying scars, marks or tattoos.
(2)(a) It is an affirmative defense to a charge of failure to report under subsection (1)(d) of this section by a person required to report under ORS 163A.010 (3)(a)(B), 163A.015 (4)(a)(B) or 163A.025 (3)(a) that the person reported, in person, within 10 days of a change of residence to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, if the person otherwise complied with all reporting requirements.
(b) It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (2)(b)(A)(i) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, within 10 days of moving into this state.
(c) It is an affirmative defense to a charge of failure to report under subsection (1)(a) of this section by a person required to report under ORS 163A.025 (2)(b)(B)(i) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s new residence, within six months of moving into this state.
(d) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.025 (2)(b)(A)(ii) or (B)(ii) or (3) that the person reported, in person, to the Department of State Police, a city police department or a county sheriff’s office, in the county of the person’s residence, if the person otherwise complied with all reporting requirements.
(e) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.010 (3) that the person reported to the Oregon Youth Authority if the person establishes that the authority registered the person under ORS 163A.010 (3)(c).
(f) It is an affirmative defense to a charge of failure to report under subsection (1) of this section by a person required to report under ORS 163A.025 (2) or (3) that the person reported to the Oregon Youth Authority or a county juvenile department if the person establishes that the authority or department registered the person under ORS 163A.025 (8).
(3)(a) Except as otherwise provided in paragraph (b) of this subsection, failure to report as a sex offender is a Class A misdemeanor.
(b) Failure to report as a sex offender is a Class C felony if the person violates:
(A) Subsection (1)(a) of this section; or
(B) Subsection (1)(b), (c), (d) or (g) of this section and the crime for which the person is required to report is a felony.
(4) A person who fails to sign and return an address verification form as required by ORS 163A.035 (4) commits a violation. [Formerly 181.812]
Criminal trespass in the second degree.
(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]
Violation of post-prison supervision conditions; sanctions.
(1) Except as otherwise provided by rules of the Department of Corrections and the State Board of Parole and Post-Prison Supervision concerning parole and post-prison supervision violators, the supervisory authority shall use a continuum of administrative sanctions for violations of the conditions of post-prison supervision.(2) The sanction continuum shall include adjustments to the level of supervision and, as approved by the board or the local supervisory authority that imposed the initial conditions of post-prison supervision:
(a) Modification of or additions to the conditions of supervision; and
(b) Any other appropriate available local sanctions including, but not limited to, jail, community service work, house arrest, electronic surveillance, restitution centers, work release centers, day centers or other local sanctions established by agreement with the supervisory authority.
(3) An offender may not be confined in a restitution center, work release center or jail for more than 15 days for a violation of conditions of post-prison supervision unless:
(a) The Department of Corrections, county corrections agency or supervisory authority imposes a local sanction under subsection (1) of this section;
(b) A reentry court imposes a local sanction under section 29, chapter 649, Oregon Laws 2013; or
(c) The board or its designated representative initiates a hearing for the purpose of imposing a sanction under ORS 144.107 or 144.108.
(4) A hearing before the board is not required if the department, a county corrections agency, the supervisory authority or the court imposes a local sanction under subsection (3) of this section. However, the board may conduct a hearing under the procedures in ORS 144.343 and 144.347 and impose a different sanction on the offender than that imposed by the department, a county corrections agency, the supervisory authority or the court. [1989 c.790 §35; 1991 c.836 §1; 1997 c.525 §4; 2013 c.649 §31]
