State v. Tatman

A person commits the crime of endangering the welfare of a minor when the person subjects a child to prolonged presence in a location where “a principal or substantial use of the place is to facilitate unlawful drug activity.” State v. Gonzalez-Valenzuela, 358 OR 451, 473 (2015).

Defendant appealed conviction of endangering the welfare of a minor. Defendant assigned error to the trial court’s denial of the Defendant’s motion for judgment of acquittal. Defendant claimed the trial court lacked evidence sufficient to prove that his vehicle is a place that facilitates substantial drug activity. The State argued that, given the amount of drug paraphernalia and state of the vehicle, the vehicle was akin to a “drug house on wheels.” A person commits the crime of endangering the welfare of a minor when the person subjects a child to prolonged presence in a location where “a principal or substantial use of the place is to facilitate unlawful drug activity.” State v. Gonzalez-Valenzuela, 358 OR 451, 473 (2015). The Court found that a reasonable trier of fact could find that the vehicle was substantially used to facilitate the unlawful use of drug activity, such that drug use had become a characteristic of the vehicle and that the child was exposed through a prolonged presence in the vehicle. Judgement affirmed; reversed and remanded for resentencing on other grounds.