State v. Wright

In this criminal appeal, defendant challenges her conviction for first-degree criminal mistreatment, ORS 163.205, for spanking a 16-month-old child and leaving a bruise on the child’s buttock. Defendant assigns error to the trial court’s denial of her motion for a judgment of acquittal, arguing that there was no proof that she caused “physical injury” to the victim, an element of first-degree criminal mistreatment. Because we agree with defendant, we reverse.

The facts are undisputed. Defendant admitted to spanking a 16-month-old child, while she babysat him. The baby cried when she spanked…