Definitions for ORS 163.215 to 163.257
Source:
Section 163.215 — Definitions for ORS 163.215 to 163.257, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html
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Notes of Decisions
“Consent” as defined in this section is not applicable in determining whether there has been “enticement” and interference with custody pursuant to ORS 163.245. State v. Scott, 36 Or App 15, 583 P2d 1156 (1978), Sup Ct review denied
Capture of bail violator in Oregon, placing him in handcuffs and leg irons and driving him to California was “taking or confinement...accomplished by force,” and his signing bond agreement did not constitute consent to being taken into custody for later violation. State v. Epps, 36 Or App 519, 585 P2d 425 (1978), Sup Ct review denied
Where indictment alleged that defendant took child from its mother at direction of father and father had right to custody, taking was not without consent under this section. State v. Edmiston, 43 Or App 13, 602 P2d 282 (1979)
As one “responsible by authority of law for care, custody or control of another,” CSD was “lawful custodian” of children. State v. Gambone, 93 Or App 569, 763 P2d 188 (1988)
Law Review Citations
51 OLR 491 (1972)