Offenses Against Persons

ORS 163.575
Endangering the welfare of a minor


(1)

A person commits the offense of endangering the welfare of a minor if the person knowingly:

(a)

Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060 (Definitions for ORS 167.060 to 167.095);

(b)

Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances or cannabis is maintained or conducted;

(c)

Induces, causes or permits a person under 18 years of age to participate in gambling as defined in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530); or

(d)

Sells to a person under 18 years of age any device in which cannabis, cocaine or any controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), is burned and the principal design and use of which is directly or indirectly to deliver cannabis smoke, cocaine smoke or smoke from any controlled substance into the human body, including but not limited to:

(A)

Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

(B)

Carburetion tubes and devices, including carburetion masks;

(C)

Bongs;

(D)

Chillums;

(E)

Ice pipes or chillers;

(F)

Rolling papers and rolling machines; and

(G)

Cocaine free basing kits.

(2)

Endangering the welfare of a minor is a Class A misdemeanor. [1971 c.743 §177; 1973 c.827 §20; 1979 c.744 §8; 1981 c.838 §1; 1983 c.740 §31; 1991 c.970 §5; 1995 c.79 §52; 1999 c.1051 §153; 2011 c.597 §79; 2014 c.20 §1; 2015 c.158 §5; 2017 c.21 §45; 2017 c.701 §18]

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)

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)

§§ 163.505 to 163.575

Law Review Citations

51 OLR 428 (1972)

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021