Oregon Supreme Ct - Dec. 24, 2015

by: Abassos • December 24, 2015 • no comments

• Child Endangerment - Possession of Drugs Is "Unlawful Activity Involving Controlled Substances"
• Child Endangerment - "A Place Where Unlawful Activity Involving Controlled Substances Is Maintained or Conducted" Means a Drug House

A mom's possession of a small amount of drugs in her purse, in the presence of her 5 year old, qualified as unlawful activity for the purpose of Child Endangerment. ORS 163.5751(b). However, such possession as a passenger in a car did not make the car into a "place where unlawful activity involving controlled substances is maintained or conducted":

"the legislature intended subsection (b) of the child- endangerment statute to be defined in reference to the criminal nuisance standards for drug houses and similar locations. Therefore, the phrase “a place where unlawful activity involving controlled substances is maintained or conducted,” ORS 163.575(1)(b), refers to a place where a principal or substantial use of the place is to facilitate unlawful drug activity."

Reversed and Remanded. State v Gonzalez-Valenzuela, 358 Or 451 (2015)