ORS 163.206
Exceptions to criminal mistreatment


ORS 163.200 (Criminal mistreatment in the second degree) and 163.205 (Criminal mistreatment in the first degree) do not apply:

(1)

To a person acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) or a POLST, as defined in ORS 127.663 (Definitions for ORS 127.663 to 127.684);

(2)

To a person withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title);

(3)

When a competent person refuses food, physical care or medical care;

(4)

To a person who provides an elderly person or a dependent person who is at least 18 years of age with spiritual treatment through prayer from a duly accredited practitioner of spiritual treatment as provided in ORS 124.095 (Spiritual treatment not abuse), in lieu of medical treatment, in accordance with the tenets and practices of a recognized church or religious denomination of which the elderly or dependent person is a member or an adherent; or

(5)

To a duly accredited practitioner of spiritual treatment as provided in ORS 124.095 (Spiritual treatment not abuse). [1993 c.364 §3; 1995 c.79 §51; 1999 c.954 §5; 2009 c.595 §1190; 2011 c.291 §4; 2018 c.36 §28]
Note: 163.206 (Exceptions to criminal mistreatment) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Availability of spiritual treatment defense for criminal mistreatment under this section but not for criminally negligent homicide under ORS 163.145 does not create ambiguity regarding when conduct changes from legal to criminal. State v. Hays, 155 Or App 41, 964 P2d 1042 (1998), Sup Ct review denied

Law Review Citations

48 WLR 273 (2011)

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source
Last accessed
May. 15, 2020