Criminal nonsupport
Source:
Section 163.555 — Criminal nonsupport, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Indictment which contained all statutory elements of offense was sufficient, and was not invalid for failure to allege that defendant’s paternity had previously been determined in civil action. State v. Gates, 31 Or App 353, 570 P2d 670 (1977), Sup Ct review denied
Legislature did not intend that single episode of misconduct in connection with care of child be punished as felony under this section. State v. Rosen, 38 Or App 107, 589 P2d 1132 (1979)
Under evidence that there was no negligent non-payment of child support, use of word “negligent” was harmless error. State v. Gartzke, 39 Or App 463, 592 P2d 1040 (1979), Sup Ct review denied
Under this section, ex-wife’s attempts to prevent defendant from visiting son and to prejudice child against father did not provide defendant with “lawful excuse” for failure to provide support. State v. Reed, 45 Or App 185, 608 P2d 175 (1980)
Phrase “without lawful excuse” in this section is not unconstitutionally vague and state satisfied its burden by proving: 1) court mandate that defendant pay child support; 2) ability to generate income; and 3) no payment toward child support obligation. State v. Timmons, 75 Or App 678, 706 P2d 1018 (1985), Sup Ct review denied
Phrase “without lawful excuse” is not unconstitutionally vague. State v. West, 84 Or App 679, 735 P2d 26 (1987), Sup Ct review denied
In exercising discretion under ORS 137.540, court may not exceed sentence defined by other statute. State v. Stockton, 105 Or App 162, 803 P2d 1227 (1991)
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