Endangering the welfare of a minor
Source:
Section 163.575 — Endangering the welfare of a minor, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Witnessing act of sexual conduct requires that conduct be performed live in front of victim. State v. Atkeson, 152 Or App 360, 954 P2d 181 (1998)
Permitting child to remain in place is identical to allowing child to stay on premises, as described in ORS 163.547, therefore offense of endangering welfare of minor merges with offense of child neglect. State v. Reiland, 153 Or App 601, 958 P2d 900 (1998)
Participant in act of sexual conduct may also “witness” that conduct. State v. Goddard, 178 Or App 538, 37 P3d 1046 (2002), Sup Ct review denied
To “knowingly” permit person under 18 years of age to enter or remain in place where unlawful activity involving controlled substances is maintained or conducted requires knowledge that person is minor. State v. Dixon, 191 Or App 503, 83 P3d 385 (2004)
Defendant’s failure to prevent another adult’s minor children from remaining in their home where illegal drug activity occurred does not satisfy requirement under this section of conduct directed at minors that authorizes or affirmatively makes it possible for minors to enter or remain in home. State v. McBride, 352 Or 159, 281 P3d 605 (2012)
The phrase “a place where unlawful activity involving controlled substances is maintained or conducted” means place where principal or substantial use of place is to facilitate unlawful drug activity. State v. Gonzalez-Valenzuela, 358 Or 451, 365 P3d 116 (2015); State v. Robertson, 289 Or App 703, 412 P3d 223 (2018), Sup Ct review denied
Possession of drugs is “activity” of failing to perform disposal of drugs. State v. Gonzalez-Valenzuela, 358 Or 451, 365 P3d 116 (2015)
Place where unlawful activity involving controlled substances is “maintained or conducted” refers to place used principally or substantially to serve drug-related purposes, not to place used for brief isolated incident of unlawful activity. State v. Gonzalez-Valenzuela, 358 Or 451, 365 P3d 116 (2015)
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