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Oregon Revised Statutes

Or. Rev. Stat. § 163.205 (2026)

Criminal mistreatment in the first degree

✓ current as of May 2026
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      163.205 Criminal mistreatment in the first degree. (1) A person commits the crime of criminal mistreatment in the first degree if:

      (a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or

      (b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

      (A) Causes physical injury or injuries to the dependent person or elderly person;

      (B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;

      (C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;

      (D) Hides the dependent person’s or elderly person’s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person’s responsibility;

      (E) Takes charge of a dependent or elderly person for the purpose of fraud;

      (F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises:

      (i) Where a cannabinoid extract as defined in ORS 475C.009 is being processed; and

      (ii) That have not been licensed under ORS 475C.085; or

      (G) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:

      (i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

      (ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885.

      (2) As used in this section:

      (a) “Controlled substance” has the meaning given that term in ORS 475.005.

      (b) “Dependent person” means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person’s physical needs.

      (c) “Elderly person” means a person 65 years of age or older.

      (d) “Legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

      (e) “Precursor substance” has the meaning given that term in ORS 475.940.

      (3) Criminal mistreatment in the first degree is a Class C felony. [1973 c.627 §3; 1981 c.486 §1; 1993 c.364 §2; 2005 c.708 §1; 2017 c.21 §43]

Notes of Decisions
Cited in 154 cases (46 in the last 5 years), 1984–2026 · leading case: State v. Berry, 429 P.3d 1011 (Or. Ct. App. 2018).
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State v. Berry, 429 P.3d 1011 (Or. Ct. App. 2018). · cites it 31× “*718 Defendant appeals a judgment convicting him of first-degree criminal mistreatment, ORS 163.205, and fourth-degree assault, ORS 163.”
State v. Browning, 386 P.3d 192 (Or. Ct. App. 2016). · cites it 16× “Anticipating that defendant would argue at trial that he did not “take” or “appropriate” money from his mother and mother-in-law, but merely “borrowed” it, the state filed a motion in limine, asking the trial court to hold that ORS 163.205 (l)(b)(D) applies to both temporary and…”
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008). · cites it 19× “” 8 Additionally, although language similar to ORS 163.205(l)(a) appears in the definition of “support” for purposes of the crime of criminal nonsupport, ORS 163.”
State v. Baker-Krofft, 239 P.3d 226 (Or. 2010). · cites it 14× “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.”
State v. Kaylor, 289 P.3d 290 (Or. Ct. App. 2012). · cites it 16× “Defendant appeals a judgment of conviction for criminal mistreatment in the first degree, ORS 163.205, strangulation, ORS 163.187, and tampering with a witness, ORS 162.”
State v. Bevil, 376 P.3d 294 (Or. Ct. App. 2016). · cites it 16× “The text of ORS 163.205(1) provides, in part: “A person commits the crime of criminal mistreatment in the first degree if: «⅜‡‡⅜⅜ “(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary…”
State v. McCants, 220 P.3d 436 (Or. Ct. App. 2009). · cites it 13× “We cannot say that, in enacting ORS 163.205, the legislature likely intended to criminalize physical care * * * simply because it does not safeguard against every possible danger.”
State v. Rodvelt, 66 P.3d 577 (Or. Ct. App. 2003). · cites it 8× “Defendant was convicted of two counts of first-degree criminal mistreatment, ORS 163.205, and two counts of fourth-degree assault, ORS 163.”
State v. Drown, 263 P.3d 1057 (Or. Ct. App. 2011). · cites it 12× “160, and nine counts of first-degree criminal mistreatment, ORS 163.205, arguing that the trial court erred by denying her motions for judgments of acquittal on each count.”
State v. Yerton, 505 P.3d 428 (Or. Ct. App. 2022). · cites it 9× “For that conduct, she was convicted in a bench trial of first-degree criminal mistreatment (Count 1), ORS 163.205, and strangulation (Count 2), ORS 163.”
State v. Colpo, 472 P.3d 277 (Or. Ct. App. 2020). · cites it 5× “Defendant contends that there was insuffi- cient evidence to permit a rational trier of fact to find that she caused “substan- tial pain” to her son when she punched him in the stomach because the degree and duration of his pain was “fleeting and inconsequential.”
State v. English, 343 P.3d 1286 (Or. Ct. App. 2015). · cites it 13× “As to those charges, the indictment alleges that defendant, “having assumed the permanent or temporary care, custody or responsibility for the supervision of [V], a dependent child, did unlawfully and knowingly cause physical injury or injury to the said victim.”
Show all 154 citing cases →
— Or. Rev. Stat. § 163.205(1) — 8 cases
State v. Bevil, 376 P.3d 294 (Or. Ct. App. 2016). “The text of ORS 163.205(1) provides, in part: “A person commits the crime of criminal mistreatment in the first degree if: «⅜‡‡⅜⅜ “(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary…”
State v. Baker-Krofft, 239 P.3d 226 (Or. 2010). “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.”
State v. Paul, 345 Or. App. 348 (Or. Ct. App. 2025).
State v. C. A. C., 545 P.3d 158 (Or. Ct. App. 2024).
State v. Sylva, 500 P.3d 49 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 163.205(1)(a) — 16 cases
State v. Kaylor, 289 P.3d 290 (Or. Ct. App. 2012). “Defendant appeals a judgment of conviction for criminal mistreatment in the first degree, ORS 163.205, strangulation, ORS 163.187, and tampering with a witness, ORS 162.”
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008). “” 8 Additionally, although language similar to ORS 163.205(l)(a) appears in the definition of “support” for purposes of the crime of criminal nonsupport, ORS 163.”
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003).
State v. Hilding, 514 P.3d 79 (Or. Ct. App. 2022).
State v. Berry, 429 P.3d 1011 (Or. Ct. App. 2018). “*718 Defendant appeals a judgment convicting him of first-degree criminal mistreatment, ORS 163.205, and fourth-degree assault, ORS 163.”
— Or. Rev. Stat. § 163.205(1)(b) — 4 cases
State v. Berry, 429 P.3d 1011 (Or. Ct. App. 2018). “*718 Defendant appeals a judgment convicting him of first-degree criminal mistreatment, ORS 163.205, and fourth-degree assault, ORS 163.”
State v. Yerton, 505 P.3d 428 (Or. Ct. App. 2022). “For that conduct, she was convicted in a bench trial of first-degree criminal mistreatment (Count 1), ORS 163.205, and strangulation (Count 2), ORS 163.”
State v. Roberts, 436 P.3d 57 (Or. Ct. App. 2019).
State v. Sheikhuna, 492 P.3d 659 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 163.205(1)(b)(A) — 15 cases
State v. Colpo, 472 P.3d 277 (Or. Ct. App. 2020). “Defendant contends that there was insuffi- cient evidence to permit a rational trier of fact to find that she caused “substan- tial pain” to her son when she punched him in the stomach because the degree and duration of his pain was “fleeting and inconsequential.”
State v. Roberts, 427 P.3d 1130 (Or. Ct. App. 2018).
State v. Chemxananou, 510 P.3d 954 (Or. Ct. App. 2022).
State v. Allen, 489 P.3d 555 (Or. Ct. App. 2021).
State v. Yerton, 505 P.3d 428 (Or. Ct. App. 2022). “For that conduct, she was convicted in a bench trial of first-degree criminal mistreatment (Count 1), ORS 163.205, and strangulation (Count 2), ORS 163.”
— Or. Rev. Stat. § 163.205(1)(b)(B) — 4 cases
State v. Berry, 429 P.3d 1011 (Or. Ct. App. 2018). “*718 Defendant appeals a judgment convicting him of first-degree criminal mistreatment, ORS 163.205, and fourth-degree assault, ORS 163.”
State v. Paul, 345 Or. App. 348 (Or. Ct. App. 2025).
State v. Schwarz, 208 P.3d 971 (Or. Ct. App. 2009).
State v. Paul, 345 Or. App. 348 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.205(1)(b)(C) — 3 cases
State v. Paul, 345 Or. App. 348 (Or. Ct. App. 2025).
State v. Long, 430 P.3d 1086 (Or. Ct. App. 2018).
State v. Paul, 345 Or. App. 348 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.205(1)(b)(D) — 7 cases
State v. Browning, 386 P.3d 192 (Or. Ct. App. 2016). “Anticipating that defendant would argue at trial that he did not “take” or “appropriate” money from his mother and mother-in-law, but merely “borrowed” it, the state filed a motion in limine, asking the trial court to hold that ORS 163.205 (l)(b)(D) applies to both temporary and…”
State v. Palmer, 336 Or. App. 187 (Or. Ct. App. 2024).
State v. Palmer, 561 P.3d 116 (Or. Ct. App. 2024).
State v. Roberts, 436 P.3d 57 (Or. Ct. App. 2019).
Larisa's Home Care, LLC v. Nichols-Shields (Or. 2017).
— Or. Rev. Stat. § 163.205(2) — 1 case
State v. Roberts, 436 P.3d 57 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.205(2)(b) — 7 cases
State v. Berry, 429 P.3d 1011 (Or. Ct. App. 2018). “*718 Defendant appeals a judgment convicting him of first-degree criminal mistreatment, ORS 163.205, and fourth-degree assault, ORS 163.”
State v. Fitzhugh, 317 P.3d 371 (Or. Ct. App. 2013).
State v. McAnulty, 338 P.3d 653 (Or. 2014).
State v. Crosby, 154 P.3d 97 (Or. 2007).
State v. Allen, 489 P.3d 555 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 163.205(2)(c) — 1 case
State v. Roberts, 436 P.3d 57 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.205(2)(d) — 2 cases
State v. Nolen, 260 P.3d 810 (Or. Ct. App. 2011).
State v. Roberts, 436 P.3d 57 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.205(3) — 5 cases
State v. Inloes, 243 P.3d 862 (Or. Ct. App. 2010).
State v. Buck, 566 P.3d 682 (Or. Ct. App. 2025).
State v. Veitenheimer, 338 Or. App. 142 (Or. Ct. App. 2025).
State v. Veitenheimer, 338 Or. App. 142 (Or. Ct. App. 2025).
State v. Ellis, 350 Or. App. 318 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 163.205(l)(a) — 13 cases
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008). “” 8 Additionally, although language similar to ORS 163.205(l)(a) appears in the definition of “support” for purposes of the crime of criminal nonsupport, ORS 163.”
State v. McCants, 220 P.3d 436 (Or. Ct. App. 2009). “We cannot say that, in enacting ORS 163.205, the legislature likely intended to criminalize physical care * * * simply because it does not safeguard against every possible danger.”
State v. Hickey, 373 P.3d 1246 (Lane Cty. Cir. Ct., O.R. 2016).
State v. Schneider, 211 P.3d 306 (Or. Ct. App. 2009).
State v. Burciaga, 328 P.3d 782 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 163.205(l)(b) — 4 cases
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008). “” 8 Additionally, although language similar to ORS 163.205(l)(a) appears in the definition of “support” for purposes of the crime of criminal nonsupport, ORS 163.”
State v. English, 343 P.3d 1286 (Or. Ct. App. 2015). “As to those charges, the indictment alleges that defendant, “having assumed the permanent or temporary care, custody or responsibility for the supervision of [V], a dependent child, did unlawfully and knowingly cause physical injury or injury to the said victim.”
State v. Branam, 739 P.2d 606 (Or. Ct. App. 1987).
State v. Warner, 819 P.2d 1390 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 163.205(l)(b)(A) — 3 cases
State v. English, 343 P.3d 1286 (Or. Ct. App. 2015). “As to those charges, the indictment alleges that defendant, “having assumed the permanent or temporary care, custody or responsibility for the supervision of [V], a dependent child, did unlawfully and knowingly cause physical injury or injury to the said victim.”
State v. Bordeaux, 185 P.3d 524 (Or. Ct. App. 2008). “” 8 Additionally, although language similar to ORS 163.205(l)(a) appears in the definition of “support” for purposes of the crime of criminal nonsupport, ORS 163.”
State v. Wright, 290 P.3d 824 (Or. Ct. App. 2012).
— Or. Rev. Stat. § 163.205(l)(b)(C) — 1 case
State v. Hickey, 373 P.3d 1246 (Lane Cty. Cir. Ct., O.R. 2016).
— Or. Rev. Stat. § 163.205(l)(b)(D) — 2 cases
State v. Browning, 386 P.3d 192 (Or. Ct. App. 2016). “Anticipating that defendant would argue at trial that he did not “take” or “appropriate” money from his mother and mother-in-law, but merely “borrowed” it, the state filed a motion in limine, asking the trial court to hold that ORS 163.205 (l)(b)(D) applies to both temporary and…”
State v. Bevil, 376 P.3d 294 (Or. Ct. App. 2016). “The text of ORS 163.205(1) provides, in part: “A person commits the crime of criminal mistreatment in the first degree if: «⅜‡‡⅜⅜ “(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary…”
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