2015 ORS 163.206¹
Exceptions to criminal mistreatment

ORS 163.200 (Criminal mistreatment in the second degree) and 163.205 (Criminal mistreatment in the first degree) do not apply:

(1) To a person acting pursuant to a court order, an advance directive or a power of attorney for health care pursuant to ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title) or a POLST, as defined in ORS 127.663 (Definitions for ORS 127.663 to 127.684);

(2) To a person withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to ORS 127.505 (Definitions for ORS 127.505 to 127.660) to 127.660 (Short title);

(3) When a competent person refuses food, physical care or medical care;

(4) To a person who provides an elderly person or a dependent person who is at least 18 years of age with spiritual treatment through prayer from a duly accredited practitioner of spiritual treatment as provided in ORS 124.095 (Spiritual treatment not abuse), in lieu of medical treatment, in accordance with the tenets and practices of a recognized church or religious denomination of which the elderly or dependent person is a member or an adherent; or

(5) To a duly accredited practitioner of spiritual treatment as provided in ORS 124.095 (Spiritual treatment not abuse). [1993 c.364 §3; 1995 c.79 §51; 1999 c.954 §5; 2009 c.595 §1190; 2011 c.291 §4]

Note: 163.206 (Exceptions to criminal mistreatment) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Availability of spiritual treat­ment de­fense for crim­i­nal mis­treat­­ment under this sec­tion but not for crim­i­nally neg­li­gent hom­i­cide under ORS 163.145 (Criminally negligent homicide) does not create ambiguity re­gard­ing when con­duct changes from legal to crim­i­nal. State v. Hays, 155 Or App 41, 964 P2d 1042 (1998), Sup Ct review denied

Law Review Cita­tions

48 WLR 273 (2011)

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.