Offenses Against Persons
Criminal mistreatment in the second degree
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)