Requirements for criminal liability
Source:
Section 161.095 — Requirements for criminal liability, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
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)
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