OR court overturns babysitter spanking conviction

OR court overturns babysitter spanking conviction

OR court overturns babysitter spanking conviction

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by AP

KREM.com

Posted on November 8, 2012 at 8:44 AM

PORTLAND, Ore. (AP) -- An Oregon appeals court has overturned the 2009 conviction of a 19-year-old baby sitter who spanked a toddler in her care.

The Oregonian reports  that Samantha Irene Wright admitted spanking the boy three times. His mother picked him up on Nov. 5, 2007, and noticed bruising on his buttocks and leg.

Charged with first-degree criminal mistreatment, Wright was sentenced to three years of probation.

However deputy public defender Stephanie Hortsch argued that the bruising did not amount to "physical injury" -- a necessary element to qualify as first-degree criminal mistreatment. At trial, a doctor described the bruises as superficial.

Prosecutors have 35 days to challenge the state Court of Appeals ruling.

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