Section 161.085 – Definitions with respect to culpability.
As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: (1) “Act” means a bodily movement. (2) “Voluntary act” means a bodily movement performed consciously and includes the conscious possession or control of property. (3) “Omission” means a failure to perform an act the performance of which is required […]
Section 161.095 – Requirements for criminal liability.
(1) The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which the person is capable of performing. (2) Except as provided in ORS 161.105, a person is not guilty of an offense unless the person acts with a […]
Section 161.105 – Culpability requirement inapplicable to certain violations and offenses.
(1) Notwithstanding ORS 161.095, a culpable mental state is not required if: (a) The offense constitutes a violation, unless a culpable mental state is expressly included in the definition of the offense; or (b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable […]
Section 161.115 – Construction of statutes with respect to culpability.
(1) If a statute defining an offense prescribes a culpable mental state but does not specify the element to which it applies, the prescribed culpable mental state applies to each material element of the offense that necessarily requires a culpable mental state. (2) Except as provided in ORS 161.105, if a statute defining an offense […]
Section 161.125 – Drug or controlled substance use or dependence or intoxication as defense.
(1) The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge, but in any prosecution for an offense, evidence that the defendant used drugs or controlled substances, or was dependent on drugs or controlled substances, or was intoxicated […]