State v. Roberts

ORS 163.205(1)(b)(D) was enacted as part of a broader amendment to the criminal mistreatment statute to address the problem of elder abuse—particularly the ‘abandonment and financial exploitation of elderly and dependent persons.’ State v. Bevil, 280 Or App 92, 376 P3d 294 (2016) (emphasis in original).

Defendant appealed convictions on three counts of Criminal Mistreatment in the First Degree. Defendant assigned error to the trial court’s denial of her motion for a judgment of acquittal. On appeal, Defendant argued that ORS ORS 163.205(1)(b)(D) only punishes a breach of a duty to provide physical care. In response, the State argued that the legislature did not intend to limit the legal duty of care to physical care. “ORS 163.205(1)(b)(D) was enacted as part of a broader amendment to the criminal mistreatment statute to address the problem of elder abuse—particularly the ‘abandonment and financial exploitation of elderly and dependent persons.’ State v. Bevil, 280 Or App 92, 376 P3d 294 (2016) (emphasis in original). The Court held that ORS 163.205(1)(b)(D) punishes the failure to provide financial care. Affirmed.