State v. Baker-Krofft

The question in these two cases is what constitutes “withholding] necessary and adequate * * * physical care” within the meaning of ORS 163.205 and ORS 163.200, two statutes that prohibit first- and second-degree criminal mistreatment. In both cases, defendants had children under their care who were well fed and healthy but who lived in homes with potential safety hazards. Following its precedent, the Court of Appeals held that creating or failing to correct potential safety hazards in the home constitutes “withholding] * * * physical care” within the meaning of ORS 163.200 and ORS 163.205.…