ORS 124.105
Physical abuse subject to action
(1)
An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) for physical abuse if the defendant engaged in conduct against a vulnerable person that would constitute any of the following:(a)
Assault, under the provisions of ORS 163.160 (Assault in the fourth degree), 163.165 (Assault in the third degree), 163.175 (Assault in the second degree) and 163.185 (Assault in the first degree).(b)
Menacing, under the provisions of ORS 163.190 (Menacing).(c)
Recklessly endangering another person, under the provisions of ORS 163.195 (Recklessly endangering another person).(d)
Criminal mistreatment, under the provisions of ORS 163.200 (Criminal mistreatment in the second degree) and 163.205 (Criminal mistreatment in the first degree).(e)
Rape, under the provisions of ORS 163.355 (Rape in the third degree), 163.365 (Rape in the second degree) and 163.375 (Rape in the first degree).(f)
Sodomy, under the provisions of ORS 163.385 (Sodomy in the third degree), 163.395 (Sodomy in the second degree) and 163.405 (Sodomy in the first degree).(g)
Unlawful sexual penetration, under the provisions of ORS 163.408 (Unlawful sexual penetration in the second degree) and 163.411 (Unlawful sexual penetration in the first degree).(h)
Sexual abuse, under the provisions of ORS 163.415 (Sexual abuse in the third degree), 163.425 (Sexual abuse in the second degree) and 163.427 (Sexual abuse in the first degree).(i)
Strangulation, under ORS 163.187 (Strangulation).(2)
An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) for physical abuse if the defendant used any unreasonable physical constraint on the vulnerable person or subjected the vulnerable person to prolonged or continued deprivation of food or water.(3)
An action may be brought under ORS 124.100 (Definitions for ORS 124.100 to 124.140) for physical abuse if the defendant used a physical or chemical restraint, or psychotropic medication on the vulnerable person without an order from a physician or naturopathic physician licensed in the State of Oregon or under any of the following conditions:(a)
For the purpose of punishing the vulnerable person.(b)
For any purpose not consistent with the purposes authorized by a physician or naturopathic physician.(c)
For a period significantly beyond that for which the restraint or medication was authorized by a physician or naturopathic physician. [1995 c.671 §2; 2003 c.577 §4; 2005 c.386 §2; 2017 c.356 §9]
Source:
Section 124.105 — Physical abuse subject to action, https://www.oregonlegislature.gov/bills_laws/ors/ors124.html.
Law Review Citations
98 OLR 325 (2020)
Up to date