2015 ORS 163.205¹
Criminal mistreatment in the first degree

(1) A person commits the crime of criminal mistreatment in the first degree if:

(a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or

(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

(A) Causes physical injury or injuries to the dependent person or elderly person;

(B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;

(C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;

(D) Hides the dependent person’s or elderly person’s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person’s responsibility;

(E) Takes charge of a dependent or elderly person for the purpose of fraud; or

(F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:

(i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

(ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885 (Decontamination of property).

(2) As used in this section:

(a) "Controlled substance" has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

(b) "Dependent person" means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person’s physical needs.

(c) "Elderly person" means a person 65 years of age or older.

(d) "Legal duty" includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

(e) "Precursor substance" has the meaning given that term in ORS 475.940 (Precursor substances described).

(3) Criminal mistreatment in the first degree is a Class C felony. [1973 c.627 §3; 1981 c.486 §1; 1993 c.364 §2; 2005 c.708 §1]

Notes of Decisions

Where there was ample testimony from which court could have inferred that, while taking a shower with ten-month old victim defendant choked and beat her, defendant cannot challenge constitu­tionality of statute on ground of vagueness. State v. Collins, 68 Or App 101, 680 P2d 713 (1984), Sup Ct review denied

This sec­tion was not unconstitu­tionally vague because legislature chose to use language that would include parents as well as per­sons other than parents. State v. Warner, 109 Or App 468, 819 P2d 1390 (1991), Sup Ct review denied

Failure to provide medical per­sonnel with incriminating in­for­ma­­tion about cause of injuries is not with­hold­ing necessary and adequate medical atten­tion. State v. Bordeaux, 220 Or App 165, 185 P3d 524 (2008)

Deser­tion of elderly per­son with intent to abandon does not require that defendant intend deser­tion to be permanent. State v. Schwarz, 228 Or App 273, 208 P3d 971 (2009)

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

"Contractual agree­ment" means agree­ment that constitutes legally binding contract. State v. Nolen, 244 Or App 635, 260 P3d 810 (2011)

Person withholds necessary and adequate physical care when per­son withholds care that is absolutely re­quired to meet dependent's basic safety and survival needs. State v. Drown, 245 Or App 447, 263 P3d 1057 (2011), Sup Ct review denied

Defendant's placing of hand over victim's mouth so victim had difficulty breathing does not constitute with­hold­ing necessary and adequate physical care under sec­tion, as sec­tion is intended to crim­i­nalize nonfeasance rather than malfeasance. State v. Kaylor, 252 Or App 688, 289 P3d 290 (2012), Sup Ct review denied

Victim, who was dependent on defendant for two days due to physical disability, was "dependent per­son" because defini­tion considers extent of disability rather than temporal dura­tion of disability. State v. Fitzhugh, 260 Or App 401, 317 P3d 371 (2013), Sup Ct review denied

When read with ORS 161.085 (Definitions with respect to culpability), where defendant's boyfriend's dog had history of biting children including defendant's mi­nor child and boyfriend's mi­nor child and defendant failed to keep child away from dog, defendant did not knowingly engage in assaultive con­duct because defendant did not use dog to cause harm to child and instead committed crime involving reckless mental state. State v. English, 269 Or App 395, 343 P3d 1286 (2015)

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.