Offenses Against Persons

ORS 163.200
Criminal mistreatment in the second degree

(1)

A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:

(a)

In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or

(b)

Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.

(2)

Criminal mistreatment in the second degree is a Class A misdemeanor.

(3)

As used in this section, “legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. [1973 c.627 §2; 1993 c.364 §1]

Notes of Decisions

When combined with criminal negligence standard of ORS 161.085, term “adequate physical care” in this section is not unconstitutionally vague. State v. Damofle/Quintana, 89 Or App 620, 750 P2d 518 (1988), Sup Ct review denied

Person withholds necessary and adequate physical care when person withholds from dependent person physical services and attention necessary to provide for dependant person’s bodily needs. State v. Baker-Krofft, 348 Or 655, 239 P3d 226 (2010)

Where defendant’s spouse caused bruising and scratching to couple’s infant and defendant did not seek medical attention for infant, defendant did not withhold necessary medical care because infant was not crying or acting abnormally and necessary is determined on case by case basis. State v. Goetzinger, 262 Or App 220, 326 P3d 1208 (2014)

Source

Last accessed
Mar. 11, 2023

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