ORS 161.095
Requirements for criminal liability


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.


Except as provided in ORS 161.105 (Culpability requirement inapplicable to certain violations and offenses), a person is not guilty of an offense unless the person acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state. [1971 c.743 §8]

Notes of Decisions

This section does not address itself to whether conviction requires that the defendant know that what he does is illegal. State v. Wright, 21 Or App 659, 537 P2d 130 (1975)

Culpable mental state is required as to each material element of charge of being an ex-convict in possession of concealable firearm. State v. Hash, 34 Or App 281, 578 P2d 482 (1978), Sup Ct review denied

“Voluntary act” requires that defendant have ability to choose whether to take particular action. State v. Tippetts, 180 Or App 350, 43 P3d 455 (2002)

Where fact that determines offense subcategory is not described in statute, fact is not element of offense to which statutory culpable mental state applies. State v. Travalini, 215 Or App 226, 168 P3d 1159 (2007), Sup Ct review denied

In determining whether element of controlled substance statute (ORS 475.904) required culpable mental state, relevant considerations included legislative intent in enacting statute, grammatical structure of statutory text and nature of element in question. State v. Rutley, 343 Or 368, 171 P3d 361 (2007)

Minimal voluntary act requirement of section applies to driving element of DUII. State v. Newman, 353 Or 632, 302 P3d 435 (2013)

Law Review Citations

50 WLR 291 (2014)

§§ 161.085 to 161.125

Law Review Citations

51 OLR 427, 437, 459 (1972); 29 WLR 829 (1993)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code


Notes of Decisions

Legislature’s adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied

Last accessed
May. 15, 2020