Construction of statutes with respect to culpability
Source:
Section 161.115 — Construction of statutes with respect to culpability, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
Notes of Decisions
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
“Element . . . that necessarily requires culpable mental state” refers to element defining substance or quality of forbidden conduct, not to such elements as venue, jurisdiction or statute of limitations. State v. Blanton, 284 Or 591, 588 P2d 28 (1978)
Since [former] ORS 541.615, which is outside the Criminal Code, does not indicate intent to dispense with culpable mental state or create strict liability crime, this section requires a culpable mental state for violation of that section. McNutt v. State of Oregon, 56 Or App 545, 642 P2d 692 (1982), aff’d 295 Or 580, 668 P2d 1201 (1983)
Complaint alleging defendant “did unlawfully and knowingly agree to pay a fee to engage in sexual conduct” was not defective for failing to allege defendant “intentionally” agreed to pay fee. State v. Huie, 292 Or 335, 638 P2d 480 (1982)
If defendant actually and reasonably believed compliance with ORS 811.700 was literally impossible, she would not have had required culpable mental states and failure to give requested jury instruction prejudiced defendant. State v. Monroe, 101 Or App 379, 790 P2d 1188 (1990)
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
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