ORS 163.545¹
Child neglect in the second degree

(1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child.

(2) Child neglect in the second degree is a Class A misdemeanor. [1971 c.743 §174; 1991 c.832 §2]

Notes of Decisions

Legislative intent is clearly that this sec­tion compli­ment ORS 163.555 (Criminal nonsupport) (crim­i­nal nonsupport) and reach two different types of con­duct, so where defendant left child unattended in car, causing death, defendant’s acts of omission were subject to pros­e­cu­­tion under this sec­tion rather than ORS 163.555 (Criminal nonsupport). State v. Rosen, 38 Or App 107, 589 P2d 1132 (1979)

Where defendant’s husband had history of violence toward her and her children and she had been warned by case worker that his presence around children was risky, leaving their child in care of husband while she performed brief errand was not sufficient evidence of crim­i­nal negligence necessary to support con­vic­­tion under this sec­tion. State v. McLaughlin, 42 Or App 215, 600 P2d 474 (1979), Sup Ct review denied

Since this sec­tion provides fair notice of con­duct it forbids and proscribes only con­duct which constitutes gross devia­tion from normal standard of care, it is not unconstitu­tionally vague. State v. Mills, 52 Or App 777, 629 P2d 861 (1981), Sup Ct review denied

Though sanitary condi­tions of defendant’s home were deplorable, defendant’s leaving child with older brothers and sisters for one to two hours while grocery shopping did not constitute leaving her “unattended.” State v. Forcum, 58 Or App 5, 646 P2d 1356 (1982)

Where defendant left children alone in house at night to attend party at tavern, adults who lived in house were cigarette smokers and matches and candles were lying around and children died from house fire there was sufficient evidence to find defendant guilty of child neglect under this sec­tion. State v. Goff, 297 Or 635, 686 P2d 1023 (1984)

For defendant to be guilty under this sec­tion, there must be sufficient evidence of both factual ele­ments of endangering welfare of child and mental state or culpability ele­ment. State v. Goff, 297 Or 635, 686 P2d 1023 (1984)

Offense Requires Proof That

1) leaving child unattended was likely to endanger health and welfare of child; 2) risk of harm occurring was substantial and unjustifiable; and 3) defendant’s lack of awareness of risk of harm was gross devia­tion from normal standard of care. State v. Paragon, 195 Or App 265, 97 P3d 691 (2004)

Law Review Cita­tions

51 OLR 428 (1972)

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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information