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STATE v. BAKER-KROFFT

(CC 06C53978; CA A135939; SC S057958 (Control)), (CC 06C44334; CA A134846 (Control); SC S058148), (CC 06C45185; CA A134848).

239 P.3d 226 (2010)

348 Or. 655

STATE of Oregon, Respondent on Review, v. Nancy BAKER-KROFFT, Petitioner on Review. State of Oregon, Respondent on Review, v. Timothy Lee McCants, Petitioner on Review. State of Oregon, Respondent on Review, v. Cynthia Geneva Walker, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided August 19, 2010.

Attorney(s) appearing for the Case

Erica Herb , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review Baker-Krofft. With her on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Ryan T. O'Connor , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioners on review McCants and Walker. With him on the brief was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Inge D. Wells , Senior Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review State of Oregon. With her on the briefs were John R. Kroger , Attorney General, and Jerome Lidz, Solicitor General.

KISTLER, J.

The question in these two cases is what constitutes "withhold[ing] 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. In both cases, defendants had children under their care who were well fed and healthy but who lived in homes with potential safety hazards. Following its precedent, the Court of Appeals held that creating or failing to...

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