When considering criminal charges it's easy to assume that a person must have taken active steps to hurt another in some way. Organ residents may assume that they need to orchestrate the entire event in order to be found guilty on a particular charge. However, people should know that it's not always that simple.
By creating risks to others, people can put themselves at risk for criminal charges should another person get hurt. This applies even when the accused has nothing to do with the other person's choice to be at a particular location.
For example, Oregon residents can face misdemeanor criminal charges for creating a hazard to another person. In particular, this includes creating an environment where a child is likely to get hurt.
Under section 167.810 of the Oregon Criminal Code, a hazard can be created in two situations. First, a person can be found guilty of committing the crime of creating a hazard if a person maintains or leaves a container in a place that will be accessible to children. This container must be more than one and one-half cubic feet in capacity, and have a lid that either automatically locks or that cannot easily be opened from the inside. This container must be intentionally left in a place where it is accessible to children in order for this section to apply.
Second, a person can be charged with creating a hazard if the person owns property with some sort of excavation, cesspool, well or cistern that is left unguarded and open. In this case, the hole must be more than four feet deep and more than 12 inches wide for this law to apply. Additionally, the property owner must have intentionally refused to protect the hole with a covering or a suitable fence.
In Oregon the crime of creating a hazard is a class B misdemeanor.
Misdemeanors carry a variety of serious penalties for the accused. If a person is convicted on these criminal charges, the person can face jail time, fines, probation and more. People need to be aware of their legal rights when they have been arrested for, or accused of, misdemeanor crimes. By consulting with an attorney, the accused can become familiar with their criminal defense options.
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