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Oregon Revised Statutes

Or. Rev. Stat. § 163.200 (2026)

Criminal mistreatment in the second degree

✓ current as of May 2026
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      163.200 Criminal mistreatment in the second degree. (1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and:

      (a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or

      (b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, the person withholds necessary and adequate food, physical care or medical attention from that person.

      (2) Criminal mistreatment in the second degree is a Class A misdemeanor.

      (3) As used in this section, “legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law. [1973 c.627 §2; 1993 c.364 §1]

Notes of Decisions
Cited in 19 cases, 1975–2019 · leading case: State v. Baker-Krofft, 239 P.3d 226 (Or. 2010).
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State v. Baker-Krofft, 239 P.3d 226 (Or. 2010). · cites it 14× “205 and ORS 163.200, two statutes that prohibit first- and second-degree criminal mistreatment.”
State v. Baker-Krofft, 216 P.3d 335 (Or. Ct. App. 2009). · cites it 9× “ORS 163.200. She appeals, arguing that the trial court should have granted her motion for a judgment of acquittal because the state failed to prove that her son was significantly likely to be seriously harmed by the conditions of the home.”
State v. Schneider, 211 P.3d 306 (Or. Ct. App. 2009). · cites it 7× “Defendant appeals from a judgment of conviction for one count of criminal mistreatment in the second degree, ORS 163.200(l)(a), assigning error to the trial court’s denial of her motion for a judgment of acquittal (MJOA).”
State v. Damofle, 750 P.2d 518 (Or. Ct. App. 1988). · cites it 6× “) Defendants were convicted of criminal mistreatment in the second degree under ORS 163.200(1): "A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and in violation of a legal duty to provide care for another person, the person…”
State v. Goetzinger, 326 P.3d 1208 (Or. Ct. App. 2014). · cites it 11× “Defendant appeals a judgment of conviction for one count of criminal mistreatment in the second degree, ORS 163.200. The basis for the charge was defendant’s failure to seek medical attention for her infant daughter after discovering that her husband had bruised the child.”
State v. Burciaga, 328 P.3d 782 (Or. Ct. App. 2014). · cites it 4× “Baker-Krofft, 348 Or 655 , 239 P3d 226 (2010), in which the court interpreted the phrase “withholds necessary and adequate * * * physical care” for the purposes of the first- and second-degree criminal mistreatment statutes, ORS 163.200 and ORS 163.205. Baker-Krofft involved two…”
State Ex Rel. Juv. Dep't v. Randall, 773 P.2d 1348 (Or. Ct. App. 1989). · cites it 4× “ORS 163.200(1). We held that the statute was not unconstitutionally vague and that defendants could be held liable for failure to provide adequate "physical care" for their three small children, even in the absence of actual physical harm to them.”
State v. Kaylor, 289 P.3d 290 (Or. Ct. App. 2012). · cites it 2× “The trial courts denied their motions for judgment of acquittal, and the defendants were convicted of violating ORS 163.200 2 and ORS 163.205, respectively.”
State v. Worthington, 282 P.3d 24 (Or. Ct. App. 2012). · cites it 3× “Following a jury trial, defendant was convicted of criminal mistreatment in the second degree, ORS 163.200, for withholding medical attention from his 15-month-old daughter, who died of bacterial pneumonia and a blood infection.”
State v. McCants, 220 P.3d 436 (Or. Ct. App. 2009). · cites it 2× “In Baker-Krofft , we held that there was sufficient evidence to support the defendant’s conviction for criminal mistreatment in the second degree, ORS 163.200. 3 230 Or App at 524. In so holding, we determined that the state’s evidence of “a present risk of fire in the home” was…”
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008). “In Damofle / Quintana, the issue was whether the defendants had, with criminal negligence, withheld adequate “physical care” from their dependent children for purposes of a related statute— second-degree criminal mistreatment, ORS 163.200(1). That statute employs language…”
State v. Hays, 964 P.2d 1042 (Or. Ct. App. 1998). · cites it 2× “206(4) provides that ORS 163.200 and ORS 163.205 do not apply: “To a person who provides [a] * * * dependent person with spiritual treatment through prayer from a duly accredited practitioner of spiritual treatment as provided in ORS 124.”
Show all 19 citing cases →
— Or. Rev. Stat. § 163.200(1) — 6 cases
State v. Damofle, 750 P.2d 518 (Or. Ct. App. 1988). “) Defendants were convicted of criminal mistreatment in the second degree under ORS 163.200(1): "A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and in violation of a legal duty to provide care for another person, the person…”
State v. Baker-Krofft, 239 P.3d 226 (Or. 2010). “205 and ORS 163.200, two statutes that prohibit first- and second-degree criminal mistreatment.”
State Ex Rel. Juv. Dep't v. Randall, 773 P.2d 1348 (Or. Ct. App. 1989). “ORS 163.200(1). We held that the statute was not unconstitutionally vague and that defendants could be held liable for failure to provide adequate "physical care" for their three small children, even in the absence of actual physical harm to them.”
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008). “In Damofle / Quintana, the issue was whether the defendants had, with criminal negligence, withheld adequate “physical care” from their dependent children for purposes of a related statute— second-degree criminal mistreatment, ORS 163.200(1). That statute employs language…”
State v. Burciaga, 328 P.3d 782 (Or. Ct. App. 2014). “Baker-Krofft, 348 Or 655 , 239 P3d 226 (2010), in which the court interpreted the phrase “withholds necessary and adequate * * * physical care” for the purposes of the first- and second-degree criminal mistreatment statutes, ORS 163.200 and ORS 163.205. Baker-Krofft involved two…”
— Or. Rev. Stat. § 163.200(1)(a) — 2 cases
State v. Hays, 964 P.2d 1042 (Or. Ct. App. 1998). “206(4) provides that ORS 163.200 and ORS 163.205 do not apply: “To a person who provides [a] * * * dependent person with spiritual treatment through prayer from a duly accredited practitioner of spiritual treatment as provided in ORS 124.”
State v. Goetzinger, 326 P.3d 1208 (Or. Ct. App. 2014). “Defendant appeals a judgment of conviction for one count of criminal mistreatment in the second degree, ORS 163.200. The basis for the charge was defendant’s failure to seek medical attention for her infant daughter after discovering that her husband had bruised the child.”
— Or. Rev. Stat. § 163.200(3) — 1 case
State v. Baker-Krofft, 216 P.3d 335 (Or. Ct. App. 2009). “ORS 163.200. She appeals, arguing that the trial court should have granted her motion for a judgment of acquittal because the state failed to prove that her son was significantly likely to be seriously harmed by the conditions of the home.”
— Or. Rev. Stat. § 163.200(l)(a) — 5 cases
State v. Schneider, 211 P.3d 306 (Or. Ct. App. 2009). “Defendant appeals from a judgment of conviction for one count of criminal mistreatment in the second degree, ORS 163.200(l)(a), assigning error to the trial court’s denial of her motion for a judgment of acquittal (MJOA).”
State v. Worthington, 282 P.3d 24 (Or. Ct. App. 2012). “Following a jury trial, defendant was convicted of criminal mistreatment in the second degree, ORS 163.200, for withholding medical attention from his 15-month-old daughter, who died of bacterial pneumonia and a blood infection.”
State v. Baker-Krofft, 216 P.3d 335 (Or. Ct. App. 2009). “ORS 163.200. She appeals, arguing that the trial court should have granted her motion for a judgment of acquittal because the state failed to prove that her son was significantly likely to be seriously harmed by the conditions of the home.”
State v. Goetzinger, 326 P.3d 1208 (Or. Ct. App. 2014). “Defendant appeals a judgment of conviction for one count of criminal mistreatment in the second degree, ORS 163.200. The basis for the charge was defendant’s failure to seek medical attention for her infant daughter after discovering that her husband had bruised the child.”
Eicks v. Teacher Standards & Practices Comm'n, 349 P.3d 591 (Or. Ct. App. 2015).
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