ORS 163.205: Criminal mistreatment in the first degree.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A person commits the crime of criminal mistreatment in the first degree if: (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]
This rule cites
- ORS 453.885 — resolved
- ORS 475.005 — resolved
- ORS 475.940 — resolved
Cited by
- ORS 40.460: Rule 803. Hearsay exceptions; availability of declarant immaterial.
- ORS 124.105: Physical abuse subject to action.
- ORS 131.125: Time limitations.
- ORS 133.545: Issuance of search warrant; where executable; form of application.
- ORS 137.225: Order setting aside conviction, contempt finding or record of criminal charge; fees; prerequisites; limitations.
- ORS 137.712: Exceptions to ORS 137.700 and 137.707.
- ORS 163.115: Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term.
- ORS 163.118: Manslaughter in the first degree.
- ORS 163.125: Manslaughter in the second degree.
- ORS 163.206: Exceptions to criminal mistreatment.
- ORS 166.715: Definitions for ORS 166.715 to 166.735.
- ORS 443.004: Criminal records check required for employees and volunteers providing direct care; exceptions; rules.
- OAR 213-003-0001: Definitions
- OAR 213-017-0005: Crime Category 7
- OAR 407-007-0041: Potentially Disqualifying Convictions
- OAR 407-007-0281: Temporary rule language in effect until 12/01/2026. Potentially Disqualifying Convictions
- OAR 413-208-0015: Assessment of Criminal Convictions
- OAR 575-007-0280: Potentially Disqualifying Crimes
- OAR 836-072-0020: Crimes Relevant to a Fitness Determination
- OAR 863-005-0030: Crimes Relevant to a Criminal Background Fitness Determination
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors163.html