Oregon Revised Statutes

Or. Rev. Stat. § 163.545 (2026)

Child neglect in the second degree

✓ current as of May 2026
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      163.545 Child neglect in the second degree. (1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child.

      (2) Child neglect in the second degree is a Class A misdemeanor. [1971 c.743 §174; 1991 c.832 §2]

Notes of Decisions
Cited in 28 cases (4 in the last 5 years), 1978–2026 · leading case: State v. Paragon, 97 P.3d 691 (Or. Ct. App. 2004).
State v. Paragon, 97 P.3d 691 (Or. Ct. App. 2004). · cites it 5× “Defendants were convicted after a jury trial of two counts of criminal neglect in the second degree, ORS 163.545, a Class A misdemeanor. On appeal, they challenge one of the convictions, contending that the trial court erred in denying their motion for judgment of acquittal…”
State v. Goff, 675 P.2d 1093 (Or. Ct. App. 1984). · cites it 24× “Defendant appeals from convictions on two counts of child neglect under ORS 163.545. She claims the trial court erred in refusing to exclude certain evidence and in denying her motion for judgment of acquittal.”
State v. Sparks, 340 P.3d 688 (Or. Ct. App. 2014). · cites it 6× “The first child-neglect statute, ORS 163.545, was passed as part of the 1971 overhaul of the Oregon Criminal Code, along with other relevant provisions: ORS 163.”
State v. Mills, 629 P.2d 861 (Or. Ct. App. 1981). · cites it 8× “ORS 163.545. The trial court granted her demurrer and dismissed the case on the ground that the child neglect statute is unconstitutionally vague.”
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003). · cites it 2× “” Or. Rev. Stat. § 163.545 (1) (1997). 29. Pennsylvania: “[a] parent, guardian, or other person supervising the welfare of a child under 18 years of age commits an offense if he knowingly endangers the welfare of 26 United States v.”
Burnette v. Wahl, 588 P.2d 1105 (Or. 1978). · cites it 4× “She has neglected the plaintiff by negligently leaving * * * unattended in or at a place for such period of time as would have been likely to endanger the health or welfare of the plaintiff, in violation of ORS 163.545.[ [3] ] "5. She has refused or neglected without lawful…”
State v. Walker, 437 P.3d 275 (Or. Ct. App. 2019). · cites it 7× “*3 Defendant appeals a judgment convicting him of second-degree child neglect, ORS 163.545, and recklessly endangering another person, ORS 163.”
State v. McLaughlin, 600 P.2d 474 (Or. Ct. App. 1979). · cites it 6× “ORS 163.545. [1] She was convicted by a jury and appeals.”
State v. Goff, 686 P.2d 1023 (Or. 1984). · cites it 4× “Defendant was convicted by a district court jury of child neglect as defined in ORS 163.545. The Court of Appeals reversed because it found no substantial evidence to support the verdict.”
State v. Savage, 164 P.3d 1202 (Or. Ct. App. 2007). · cites it 6× “Defendant, convicted of child neglect in the second degree, ORS 163.545, and recklessly endangering another person, ORS 163.”
State v. Damofle, 750 P.2d 518 (Or. Ct. App. 1988). · cites it 4× “ORS 163.545, which punishes a person who, "with criminal negligence, leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child" was upheld against a vagueness challenge in State v.”
State v. Drown, 263 P.3d 1057 (Or. Ct. App. 2011). · cites it 2× “When asked about the relationship between the bill and the existing statute prohibiting child neglect, ORS 163.545 (1971), 7 Fadeley said that the bill was directed at conduct that was more egregious than child neglect as defined in that statute, which provided, in part: “A…”
— Or. Rev. Stat. § 163.545(1) — 11 cases
State v. Paragon, 97 P.3d 691 (Or. Ct. App. 2004). “Defendants were convicted after a jury trial of two counts of criminal neglect in the second degree, ORS 163.545, a Class A misdemeanor. On appeal, they challenge one of the convictions, contending that the trial court erred in denying their motion for judgment of acquittal…”
United States v. Vaughan, 58 M.J. 29 (C.A.A.F. 2003). “” Or. Rev. Stat. § 163.545 (1) (1997). 29. Pennsylvania: “[a] parent, guardian, or other person supervising the welfare of a child under 18 years of age commits an offense if he knowingly endangers the welfare of 26 United States v.”
State v. Goff, 675 P.2d 1093 (Or. Ct. App. 1984). “Defendant appeals from convictions on two counts of child neglect under ORS 163.545. She claims the trial court erred in refusing to exclude certain evidence and in denying her motion for judgment of acquittal.”
State v. Sparks, 340 P.3d 688 (Or. Ct. App. 2014). “The first child-neglect statute, ORS 163.545, was passed as part of the 1971 overhaul of the Oregon Criminal Code, along with other relevant provisions: ORS 163.”
State v. Savage, 164 P.3d 1202 (Or. Ct. App. 2007). “Defendant, convicted of child neglect in the second degree, ORS 163.545, and recklessly endangering another person, ORS 163.”
— Or. Rev. Stat. § 163.545(a) — 1 case
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