State v. McBride
281 P.3d 605
| Or. | 2012Background
- Defendant lived in Freeman's home helping with a marijuana operation; Freeman’s 15-year-old daughter and a 16-year-old friend lived there too.
- Freeman instructed defendant to exclude certain people and to provide teenagers with marijuana; Freeman and defendant used marijuana with the teens.
- Defendant was charged with two counts of endangering the welfare of a minor and drug offenses; trial court denied a motion for judgment of acquittal on the child-endangerment counts.
- The Court of Appeals affirmed on child-endangerment grounds; this court granted review to address the interpretation of 'permits' in ORS 163.575(l)(b).
- Evidence showed defendant’s drug activity and caretaker role but no affirmative conduct authorizing or making possible the teens’ presence.
- The issue centers on whether a person must have authority—legal or otherwise—to 'permit' a minor to enter or remain where illegal drug activity occurs; the court ultimately reverses the child-endangerment convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant’s conduct satisfied ORS 163.575(l)(b) by 'permitting' minors to enter or remain. | McBride supports broad 'permit' meaning. | Linder argues 'permit' requires affirmative action/authority. | No; statute not satisfied; convictions reversed. |
Key Cases Cited
- State v. Gaines, 346 Or 160 (2009) (interprets text, context, and legislative history for statutory interpretation of ORS 163.575)
- State v. Hodges, 254 Or 21 (1969) (discusses vagueness and aims of child-protection statutes)
- State v. McBride, 242 Or App 594 (2011) (interprets 'permit' in ORS 163.575 and its limitations)
