Oregon Statutes 163.205 – Criminal mistreatment in the first degree
(1) A person commits the crime of criminal mistreatment in the first degree if:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $125,000 |
Terms Used In Oregon Statutes 163.205
- Case law: The law as laid down in cases that have been decided in the decisions of the courts.
- Dependent: A person dependent for support upon another.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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;
(F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises:
(i) Where a cannabinoid extract as defined in ORS § 475C.009 is being processed; and
(ii) That have not been licensed under ORS § 475C.085; or
(G) 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.
(2) As used in this section:
(a) ‘Controlled substance’ has the meaning given that term in ORS § 475.005.
(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.
(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; 2017 c.21 § 43]