State v. Dowty

In this consolidated criminal appeal, defendants are spouses who were each convicted under ORS 163.205 of two counts of first-degree criminal mistreatment (one for each of their two young children) based on the condition of their home. The issue in this case is whether the evidence is sufficient to demonstrate that defendants knowingly withheld “necessary and adequate physical care” from their children. We reverse.

Unless noted otherwise, the relevant facts are undisputed. Defendants Elizabeth and Steven Dowty live together with their two daughters, ages five and two, and Elizabeth’s…