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 loca- tions. 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."

State v Gonzalez-Valenzuela, 358 Or 451 (2015)