2015 ORS 163.575¹
Endangering the welfare of a minor

(1) A person commits the offense of endangering the welfare of a minor if the person knowingly:

(a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060 (Definitions for ORS 167.060 to 167.095);

(b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances is maintained or conducted;

(c) Induces, causes or permits a person under 18 years of age to participate in gambling as defined in ORS 167.117 (Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530);

(d) Distributes, sells or allows to be sold tobacco in any form to a person under 18 years of age;

(e) Distributes, sells or allows to be sold an inhalant delivery system, as defined in ORS 431A.175 (Unlawful activities), to a person under 18 years of age; or

(f) Sells to a person under 18 years of age any device in which tobacco, marijuana, cocaine or any controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980), is burned and the principal design and use of which is directly or indirectly to deliver tobacco smoke, marijuana smoke, cocaine smoke or smoke from any controlled substance into the human body including but not limited to:

(A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

(B) Carburetion tubes and devices, including carburetion masks;

(C) Bongs;

(D) Chillums;

(E) Ice pipes or chillers;

(F) Cigarette rolling papers and rolling machines; and

(G) Cocaine free basing kits.

(2) Endangering the welfare of a minor by violation of subsection (1)(a), (b) or (c) of this section, by violation of subsection (1)(e) of this section if the inhalant delivery system contains or is a substance containing a cannabinoid or by violation of subsection (1)(f) of this section involving other than a device for smoking tobacco, is a Class A misdemeanor.

(3) Endangering the welfare of a minor by violation of subsection (1)(d) of this section is a Class A violation.

(4) Endangering the welfare of a minor by violation of subsection (1)(e) of this section if the inhalant delivery system does not contain or is not a substance containing a cannabinoid is a Class A violation.

(5) Endangering the welfare of a minor by violation of subsection (1)(f) of this section involving a device for smoking tobacco is a Class A violation. [1971 c.743 §177; 1973 c.827 §20; 1979 c.744 §8; 1981 c.838 §1; 1983 c.740 §31; 1991 c.970 §5; 1995 c.79 §52; 1999 c.1051 §153; 2011 c.597 §79; 2014 c.20 §1; 2015 c.158 §5]

Notes of Decisions

Witnessing act of sexual con­duct requires that con­duct be performed live in front of victim. State v. Atkeson, 152 Or App 360, 954 P2d 181 (1998)

Permitting child to remain in place is identical to allowing child to stay on premises, as de­scribed in ORS 163.547 (Child neglect in the first degree), therefore of­fense of endangering welfare of mi­nor merges with of­fense of child neglect. State v. Reiland, 153 Or App 601, 958 P2d 900 (1998)

Participant in act of sexual con­duct may also "witness" that con­duct. State v. Goddard, 178 Or App 538, 37 P3d 1046 (2002), Sup Ct review denied

To "knowingly" permit per­son under 18 years of age to enter or remain in place where unlawful ac­tivity involving controlled substances is maintained or con­ducted requires knowledge that per­son is mi­nor. State v. Dixon, 191 Or App 503, 83 P3d 385 (2004)

Defendant's failure to prevent an­oth­er adult's mi­nor children from remaining in their home where illegal drug ac­tivity occurred does not satisfy require­ment under this sec­tion of con­duct di­rected at mi­nors that authorizes or af­firm­a­tively makes it possible for mi­nors to enter or remain in home. State v. McBride, 352 Or 159, 281 P3d 605 (2012)

Where defendant and defendant's daughters, both under 18 years of age, rode in borrowed car and defendant's purse that was in car contained drugs, car was not "place where unlawful ac­tivity involving controlled substances is maintained or con­ducted" as used in this sec­tion, but instead defendant's pos­ses­sion of drugs while in car with defendant's daughters was brief isolated incident. State v. Gonzalez-Valenzuela, 358 Or 451, 365 P3d 116 (2015)

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 (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.