Child neglect in the first degree
Source:
Section 163.547 — Child neglect in the first degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html
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Notes of Decisions
Allowing child to stay on premises is identical to permitting child to remain in place, as described in ORS 163.575, therefore offense of endangering welfare of minor merges with offense of child neglect. State v. Reiland, 153 Or App 601, 958 P2d 900 (1998)
Where defendant, who resided with girlfriend and girlfriend’s children, stored drugs and drug paraphernalia in home including in room to which only defendant had access, defendant did not have “control of a child” as used in this section because defendant’s ability to control certain portion of home is not conclusive evidence that defendant was temporary custodian of children. State v. Sparks, 267 Or App 181, 340 P3d 688 (2014), Sup Ct review denied
Where defendant allowed children to stay in vehicle in which defendant possessed methamphetamine with intent to deliver it at some undefined point in future, defendant did not allow children to stay in vehicle where controlled substances “are being criminally delivered,” as used in this section. State v. Makin, 360 Or 238, 381 P3d 799 (2016)