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5 Oregon opinions name it 2 courts 1980–1990 0 in the last five years
The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Chang Hwan Chogreen2 sentences1990The majority also ignores ORS 161.115, which provides, in part: “(1) If a statute defining an offense prescribes a culpable mental state but does not specify the element to which it applies, the prescribed culpable mental state applies to each material element of the offense that necessarily requires a culpable mental state. “(2) Except as provided in ORS 161.105, if a statute defining an offense does not prescribe a culpable mental state, culpability is nonetheless required and is established only if a person acts intentionally, knowingly, recklessly or with criminal negligence.” ORS 161.105 1990The majority also ignores ORS 161.115, which provides, in part: “(1) If a statute defining an offense prescribes a culpable mental state but does not specify the element to which it applies, the prescribed culpable mental state applies to each material element of the offense that necessarily requires a culpable mental state. “(2) Except as provided in ORS 161.105, if a statute defining an offense does not prescribe a culpable mental state, culpability is nonetheless required and is established only if a person acts intentionally, knowingly, recklessly or with criminal negligence.” ORS 161.105 | 1 | 3 |
State v. Buttreygreen2 sentences1983See State v. Buttrey, 293 Or 575 , 651 P2d 1075 (1982) (driving while suspended intended to be strict liability crime). 1983See State v. Buttrey, 293 Or 575 , 651 P2d 1075 (1982) (driving while suspended intended to be strict liability crime). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Wolfe
green
2 sentences1980ORS 161.095(2), as part of the 1971 revision of Oregon’s criminal law, enacted the principle that criminal guilt requires a culpable mental state except as stated in the next section. 2 That exception, ORS 161.105, is stated as follows: "(1) Notwithstanding ORS 161.095, a culpable mental state is not required if: "(a) The offense constitutes a violation, unless a culpable mental state is expressly included in the definition of the offense; or "(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state r 1980ORS 161.095(2), as part of the 1971 revision of Oregon’s criminal law, enacted the principle that criminal guilt requires a culpable mental state except as stated in the next section. 2 That exception, ORS 161.105, is stated as follows: "(1) Notwithstanding ORS 161.095, a culpable mental state is not required if: "(a) The offense constitutes a violation, unless a culpable mental state is expressly included in the definition of the offense; or "(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state r | 1 | 1980–1980 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.