State v. Gonzalez-Valenzuela

Defendant was convicted of two counts of child endangerment under ORS 163.575(l)(b), which prohibits knowingly permitting a minor “to enter or remain in a place where unlawful activity involving controlled substances is maintained or conducted.” The issue in this case is whether that statute is violated when a person knowingly possesses drugs in a container — here, a purse — while in a car with two children. As we will explain, contrary to defendant’s argument, we conclude that a person in that circumstance can be found to have engaged in unlawful “activity” involving controlled substances.…