Possession of weapons by inmates of institutions
Source:
Section 166.275 — Possession of weapons by inmates of institutions, https://www.oregonlegislature.gov/bills_laws/ors/ors166.html
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Notes of Decisions
Where penitentiary inmate, living at work release center, did not come into possession of weapons until after leaving center, his conviction for committed felon in possession of weapon under this section was reduced to ex-convict in possession of firearm under ORS 166.270. State v. Larsen, 44 Or App 643, 606 P2d 1159 (1980), Sup Ct review denied
Although this section is arguably “outside the Oregon Criminal Code,” it does not “clearly indicate” that legislature intended to create offense without any culpable mental element, and thus this section is not exception, under ORS 161.105, to general requirement of culpable mental state. State v. Wolfe, 288 Or 521, 605 P2d 1185 (1980)
Defendant on temporary leave from the penitentiary who, while living in a private residence was found to be in possession of a sawed-off shotgun, had not committed the offense described in this section. State v. Hancock, 60 Or App 425, 653 P2d 1304 (1982)
Person is “committed” to institution if placed into charge or keeping of institution by any authorized entity. State v. Hamilton, 186 Or App 729, 64 P3d 1215 (2003)