2015 ORS 161.095¹
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 (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 (Unlawful manufacture or delivery of controlled substance within 1,000 feet of school)) 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)

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

(Generally)

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


1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.