Topic: by its expression in ors 163.325(3), the legislature has in… · Go Syfert
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Topic #44537

2 canonical passages across 2 cases, quoted by 6 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from State v. Phelps.

#Case FlagCanonical passage Citers
1 State v. Phelps Anchor
orctapp · 1996
green “by its expression in ors 163.325(3), the legislature has indicated its intention that knowledge of the incapacity to consent of a person within the definition of ors 163.375(1)(d) is not a material element of the offense and that that statute controls over the general mandate of…” 3
2 State v. Woods
orctapp · 2022
green “in sum, nothing in simonov or haltom displaces our conclusion in phelps that requiring proof that a defendant knew of the victim's incapacity would be inconsistent with the affirmative defense in ors 163.325(3) and its legisla- tive history; as a consequence, those cases are not…” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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