Criminal mistreatment in the first degree
Source:
Section 163.205 — Criminal mistreatment in the first degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Where there was ample testimony from which court could have inferred that, while taking a shower with ten-month old victim defendant choked and beat her, defendant cannot challenge constitutionality of statute on ground of vagueness. State v. Collins, 68 Or App 101, 680 P2d 713 (1984), Sup Ct review denied
This section was not unconstitutionally vague because legislature chose to use language that would include parents as well as persons other than parents. State v. Warner, 109 Or App 468, 819 P2d 1390 (1991), Sup Ct review denied
Failure to provide medical personnel with incriminating information about cause of injuries is not withholding necessary and adequate medical attention. State v. Bordeaux, 220 Or App 165, 185 P3d 524 (2008)
Desertion of elderly person with intent to abandon does not require that defendant intend desertion to be permanent. State v. Schwarz, 228 Or App 273, 208 P3d 971 (2009)
Person withholds necessary and adequate physical care when person withholds physical services and attention necessary to provide for dependant person’s bodily needs. State v. Baker-Krofft, 348 Or 655, 239 P3d 226 (2010)
“Contractual agreement” means agreement that constitutes legally binding contract. State v. Nolen, 244 Or App 635, 260 P3d 810 (2011)
Person withholds necessary and adequate physical care when person withholds care that is absolutely required to meet dependent’s basic safety and survival needs. State v. Drown, 245 Or App 447, 263 P3d 1057 (2011), Sup Ct review denied
Defendant’s placing of hand over victim’s mouth so victim had difficulty breathing does not constitute withholding necessary and adequate physical care under section, as section is intended to criminalize nonfeasance rather than malfeasance. State v. Kaylor, 252 Or App 688, 289 P3d 290 (2012), Sup Ct review denied
Victim, who was dependent on defendant for two days due to physical disability, was “dependent person” because definition considers extent of disability rather than temporal duration of disability. State v. Fitzhugh, 260 Or App 401, 317 P3d 371 (2013), Sup Ct review denied
When read with ORS 161.085, where defendant’s boyfriend’s dog had history of biting children including defendant’s minor child and boyfriend’s minor child and defendant failed to keep child away from dog, defendant did not knowingly engage in assaultive conduct because defendant did not use dog to cause harm to child and instead committed crime involving reckless mental state. State v. English, 269 Or App 395, 343 P3d 1286 (2015)
Where defendant assumed care of elderly person who retained cognitive ability to make sound financial decisions and who made gifts of property to defendant, defendant did not unlawfully take from elderly person because property was given with voluntary consent. “Take,” as used in this section, means obtaining property without voluntary consent of owner. State v. Bevil, 280 Or App 92, 376 P3d 294 (2016)
Where defendant used financial powers of attorney to make withdrawals for defendant’s personal use from bank accounts belonging to defendant’s elderly mother and mother-in-law, defendant “took” funds in violation of this section despite defendant’s assertion that withdrawals were loans. State v. Browning, 282 Or App 1, 386 P3d 192 (2016), Sup Ct review denied
Jury instructions that all minors qualify as dependents under statute is incorrect as matter of law. State v. Berry, 293 Or App 717, 429 P3d 1011 (2018)
Dependent person is not unattended if responsible person is present to attend to dependent person’s needs. State v. Long, 294 Or App 192, 430 P3d 1086 (2018)
“Legal duty to provide care” includes fiduciary duty created by power of attorney and is violated by unlawful taking of elderly or dependent person’s property or money. State v. Roberts, 295 Or App 670, 436 P3d 57 (2019), Sup Ct review denied
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