2017 ORS 163.200¹
Criminal mistreatment in the second degree

(1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:

(a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or

(b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.

(2) Criminal mistreatment in the second degree is a Class A misdemeanor.

(3) As used in this section, “legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. [1973 c.627 §2; 1993 c.364 §1]

Notes of Decisions

When combined with crim­i­nal negligence standard of ORS 161.085 (Definitions with respect to culpability), term “adequate physical care” in this sec­tion is not unconstitu­tionally vague. State v. Damofle/Quintana, 89 Or App 620, 750 P2d 518 (1988), Sup Ct review denied

Person withholds necessary and adequate physical care when per­son withholds from dependent per­son physical services and atten­tion necessary to provide for dependant per­son’s bodily needs. State v. Baker-Krofft, 348 Or 655, 239 P3d 226 (2010)

Where defendant’s spouse caused bruising and scratching to couple’s infant and defendant did not seek medical atten­tion for infant, defendant did not withhold necessary medical care because infant was not crying or acting abnormally and necessary is determined on case by case basis. State v. Goetzinger, 262 Or App 220, 326 P3d 1208 (2014)

Chapter 163

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.