(1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay:
(A)In a vehicle where controlled substances or cannabinoid extracts as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545) are being criminally delivered or manufactured;
(B)In or upon premises, or in the immediate proximity of premises, where a cannabinoid extract as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545) is being processed, if the premises have not been licensed under ORS 475B.090 (Processor license);
(C)In or upon premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit or where a chemical reaction involving one or more precursor substances:
(i)Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or
(ii)Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885 (Decontamination of property); or
(D)In or upon premises that have been determined to be not fit for use under ORS 453.855 (Purpose) to 453.912 (Governmental immunity from liability).
(b)As used in this subsection, “vehicle” and “premises” do not include public places, as defined in ORS 161.015 (General definitions).
(2)Child neglect in the first degree is a Class B felony.
(3)Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.
(4)The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine. [1991 c.832 §1; 2001 c.387 §1; 2001 c.870 §11; 2005 c.708 §2; 2017 c.21 §44]