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Oregon Revised Statutes

Or. Rev. Stat. § 161.085 (2026)

Definitions with respect to culpability

✓ current as of May 2026
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      161.085 Definitions with respect to culpability. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:

      (1) “Act” means a bodily movement.

      (2) “Voluntary act” means a bodily movement performed consciously and includes the conscious possession or control of property.

      (3) “Omission” means a failure to perform an act the performance of which is required by law.

      (4) “Conduct” means an act or omission and its accompanying mental state.

      (5) “To act” means either to perform an act or to omit to perform an act.

      (6) “Culpable mental state” means intentionally, knowingly, recklessly or with criminal negligence as these terms are defined in subsections (7), (8), (9) and (10) of this section.

      (7) “Intentionally” or “with intent,” when used with respect to a result or to conduct described by a statute defining an offense, means that a person acts with a conscious objective to cause the result or to engage in the conduct so described.

      (8) “Knowingly” or “with knowledge,” when used with respect to conduct or to a circumstance described by a statute defining an offense, means that a person acts with an awareness that the conduct of the person is of a nature so described or that a circumstance so described exists.

      (9) “Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

      (10) “Criminal negligence” or “criminally negligent,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. [1971 c.743 §7; 1973 c.139 §2]

 

      Note: See note under 161.015.

 

      161.090 [Amended by 1967 c.372 §11; repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 440 cases (152 in the last 5 years), 1973–2026 · leading case: State v. Owen, 505 P.3d 953 (Or. 2022).
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State v. Owen, 505 P.3d 953 (Or. 2022). · cites it 18× “The Oregon Criminal Code includes provisions defining a “culpable mental state” and delineating four different mental states, ORS 161.085, and describes “when a culpable mental state must be proved, ORS 161.”
State v. Turnidge, 374 P.3d 853 (Or. 2016). · cites it 12× “54 “Death” readily qualifies as a result within the meaning of the various mental state definitions of ORS 161.085, as Crosby expressly held, 342 Or at 430-31, and Woodman earlier assumed, see 341 Or at 119 (intent for homicide requires conscious objective that actions will…”
State v. Simonov, 368 P.3d 11 (Or. 2016). · cites it 15× “The state further notes that, under ORS 161.085, the applicable culpable mental state (s) for an element generally depend on the type of element at issue, in particular whether the element describes a “circumstance,” a “result,” or “conduct.”
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011). · cites it 31× “140 provides, in relevant part: "(1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.”
State v. Barnes, 986 P.2d 1160 (Or. 1999). · cites it 17× “]” ORS 161.085 provides, in part: “As used in chapter 743, Oregon Laws 1971, [the 1971 Oregon Criminal Code] and ORS 166.”
State v. Carlisle, 515 P.3d 867 (Or. 2022). · cites it 16× “” See Owen, 369 Or at 296 (explaining that, “by definition in ORS 161.085, each type of mental state typically relates to two of the three possible categories of material elements”).”
State v. Haltom, 472 P.3d 246 (Or. 2020). · cites it 11× “2 As described in greater detail below, 366 Or at 797-99, 798 n 5, the gen- eral culpability statutes set out at ORS 161.085 to 161.115 appear to divide the material elements of an offense into three different categories—“conduct,” “circumstances,” and “results.”
State v. Lewis, 290 P.3d 288 (Or. 2012). · cites it 17× “” 4 Although Morehouse was a civil action, ORS 161.085 was pertinent there because, if the defendant had been driving “recklessly” as defined by that criminal code statute, the plaintiff, who had been driving uninsured, was entitled to recover noneconomic damages despite his…”
State v. Crosby, 154 P.3d 97 (Or. 2007). · cites it 13× ““ORS 161.085, which is on Page 329 of the 2002 statute book, under Definitions 9 and 10, 9 is recklessly and 10 is criminal negligence, they both say, person failed — criminal negligence, A person fails to be aware of a substantial and unjustifiable risk that the result will…”
State v. Ryan, 396 P.3d 867 (Or. 2017). · cites it 4× “To differentiate levels of culpability, our criminal code defines different mental states, see ORS 161.085, and specifically defines “culpable mental state” to mean “intentionally, knowingly, recklessly, or with criminal negligence,” as those terms are used in that stat- ute.”
State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009). · cites it 10× “"Recklessly" is defined in ORS 161.085(9), which provides as follows: "`Recklessly,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable…”
Delgado v. Souders, 46 P.3d 729 (Or. 2002). · cites it 5× “ORS 161.085 sets out the following definitions for purposes of the Oregon Criminal Code: 4 “(7) ‘Intentionally’ or ‘with intent,’ when used with respect to a result or to conduct described by a statute defining an offense, means that a person acts with a conscious objective to…”
Show all 440 citing cases →
— Or. Rev. Stat. § 161.085(1) — 20 cases
State v. Owen, 505 P.3d 953 (Or. 2022). “The Oregon Criminal Code includes provisions defining a “culpable mental state” and delineating four different mental states, ORS 161.085, and describes “when a culpable mental state must be proved, ORS 161.”
State v. Simonov, 368 P.3d 11 (Or. 2016). “The state further notes that, under ORS 161.085, the applicable culpable mental state (s) for an element generally depend on the type of element at issue, in particular whether the element describes a “circumstance,” a “result,” or “conduct.”
State v. Quinn, 623 P.2d 630 (Or. 1981).
State v. Haltom, 472 P.3d 246 (Or. 2020). “2 As described in greater detail below, 366 Or at 797-99, 798 n 5, the gen- eral culpability statutes set out at ORS 161.085 to 161.115 appear to divide the material elements of an offense into three different categories—“conduct,” “circumstances,” and “results.”
State v. Kyger, 506 P.3d 376 (Or. 2022).
— Or. Rev. Stat. § 161.085(10) — 109 cases
State v. Lewis, 290 P.3d 288 (Or. 2012). “” 4 Although Morehouse was a civil action, ORS 161.085 was pertinent there because, if the defendant had been driving “recklessly” as defined by that criminal code statute, the plaintiff, who had been driving uninsured, was entitled to recover noneconomic damages despite his…”
State v. Turnidge, 374 P.3d 853 (Or. 2016). “54 “Death” readily qualifies as a result within the meaning of the various mental state definitions of ORS 161.085, as Crosby expressly held, 342 Or at 430-31, and Woodman earlier assumed, see 341 Or at 119 (intent for homicide requires conscious objective that actions will…”
State v. Owen, 505 P.3d 953 (Or. 2022). “The Oregon Criminal Code includes provisions defining a “culpable mental state” and delineating four different mental states, ORS 161.085, and describes “when a culpable mental state must be proved, ORS 161.”
State v. McKinney/Shiffer, 505 P.3d 946 (Or. 2022).
State v. Simonov, 368 P.3d 11 (Or. 2016). “The state further notes that, under ORS 161.085, the applicable culpable mental state (s) for an element generally depend on the type of element at issue, in particular whether the element describes a “circumstance,” a “result,” or “conduct.”
— Or. Rev. Stat. § 161.085(2) — 13 cases
State v. Tippetts, 43 P.3d 455 (Or. Ct. App. 2002).
State v. Gaines, 206 P.3d 1042 (Or. 2009).
State v. McDonnell, 837 P.2d 941 (Or. 1992).
State v. Newman, 302 P.3d 435 (Or. 2013).
State v. Carlton, 388 P.3d 1093 (Or. 2017).
— Or. Rev. Stat. § 161.085(3) — 17 cases
State v. Simonov, 368 P.3d 11 (Or. 2016). “The state further notes that, under ORS 161.085, the applicable culpable mental state (s) for an element generally depend on the type of element at issue, in particular whether the element describes a “circumstance,” a “result,” or “conduct.”
State v. Gonzalez-Valenzuela, 365 P.3d 116 (Or. 2015).
State v. Thaxton, 79 P.3d 897 (Or. Ct. App. 2003).
State v. English, 343 P.3d 1286 (Or. Ct. App. 2015).
State v. Nelson, 198 P.3d 439 (Or. Ct. App. 2008).
— Or. Rev. Stat. § 161.085(4) — 26 cases
State v. Owen, 505 P.3d 953 (Or. 2022). “The Oregon Criminal Code includes provisions defining a “culpable mental state” and delineating four different mental states, ORS 161.085, and describes “when a culpable mental state must be proved, ORS 161.”
State v. Gonzalez-Valenzuela, 365 P.3d 116 (Or. 2015).
State v. Simonov, 368 P.3d 11 (Or. 2016). “The state further notes that, under ORS 161.085, the applicable culpable mental state (s) for an element generally depend on the type of element at issue, in particular whether the element describes a “circumstance,” a “result,” or “conduct.”
State v. Carlisle, 515 P.3d 867 (Or. 2022). “” See Owen, 369 Or at 296 (explaining that, “by definition in ORS 161.085, each type of mental state typically relates to two of the three possible categories of material elements”).”
State v. Haltom, 472 P.3d 246 (Or. 2020). “2 As described in greater detail below, 366 Or at 797-99, 798 n 5, the gen- eral culpability statutes set out at ORS 161.085 to 161.115 appear to divide the material elements of an offense into three different categories—“conduct,” “circumstances,” and “results.”
— Or. Rev. Stat. § 161.085(5) — 3 cases
State v. Owen, 505 P.3d 953 (Or. 2022). “The Oregon Criminal Code includes provisions defining a “culpable mental state” and delineating four different mental states, ORS 161.085, and describes “when a culpable mental state must be proved, ORS 161.”
State v. Gonzalez-Valenzuela, 365 P.3d 116 (Or. 2015).
State v. Gonzalez-Valenzuela (Or. 2015).
— Or. Rev. Stat. § 161.085(6) — 23 cases
State v. Ryan, 396 P.3d 867 (Or. 2017). “To differentiate levels of culpability, our criminal code defines different mental states, see ORS 161.085, and specifically defines “culpable mental state” to mean “intentionally, knowingly, recklessly, or with criminal negligence,” as those terms are used in that stat- ute.”
State v. Horton, 535 P.3d 338 (Or. Ct. App. 2023).
State v. Nicholson, 383 P.3d 977 (Or. Ct. App. 2016).
State v. Stroup, 620 P.2d 1359 (Or. 1980).
State v. Rutley, 171 P.3d 361 (Or. 2007).
— Or. Rev. Stat. § 161.085(7) — 102 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “54 “Death” readily qualifies as a result within the meaning of the various mental state definitions of ORS 161.085, as Crosby expressly held, 342 Or at 430-31, and Woodman earlier assumed, see 341 Or at 119 (intent for homicide requires conscious objective that actions will…”
State v. Owen, 505 P.3d 953 (Or. 2022). “The Oregon Criminal Code includes provisions defining a “culpable mental state” and delineating four different mental states, ORS 161.085, and describes “when a culpable mental state must be proved, ORS 161.”
State v. Simonov, 368 P.3d 11 (Or. 2016). “The state further notes that, under ORS 161.085, the applicable culpable mental state (s) for an element generally depend on the type of element at issue, in particular whether the element describes a “circumstance,” a “result,” or “conduct.”
State v. Haltom, 472 P.3d 246 (Or. 2020). “2 As described in greater detail below, 366 Or at 797-99, 798 n 5, the gen- eral culpability statutes set out at ORS 161.085 to 161.115 appear to divide the material elements of an offense into three different categories—“conduct,” “circumstances,” and “results.”
State v. Carlisle, 515 P.3d 867 (Or. 2022). “” See Owen, 369 Or at 296 (explaining that, “by definition in ORS 161.085, each type of mental state typically relates to two of the three possible categories of material elements”).”
— Or. Rev. Stat. § 161.085(8) — 97 cases
State v. Barnes, 986 P.2d 1160 (Or. 1999). “]” ORS 161.085 provides, in part: “As used in chapter 743, Oregon Laws 1971, [the 1971 Oregon Criminal Code] and ORS 166.”
State v. Simonov, 368 P.3d 11 (Or. 2016). “The state further notes that, under ORS 161.085, the applicable culpable mental state (s) for an element generally depend on the type of element at issue, in particular whether the element describes a “circumstance,” a “result,” or “conduct.”
State v. Owen, 505 P.3d 953 (Or. 2022). “The Oregon Criminal Code includes provisions defining a “culpable mental state” and delineating four different mental states, ORS 161.085, and describes “when a culpable mental state must be proved, ORS 161.”
State v. Tardie, 509 P.3d 705 (Or. Ct. App. 2022).
State v. Haltom, 472 P.3d 246 (Or. 2020). “2 As described in greater detail below, 366 Or at 797-99, 798 n 5, the gen- eral culpability statutes set out at ORS 161.085 to 161.115 appear to divide the material elements of an offense into three different categories—“conduct,” “circumstances,” and “results.”
— Or. Rev. Stat. § 161.085(9) — 119 cases
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011). “140 provides, in relevant part: "(1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.”
State v. Turnidge, 374 P.3d 853 (Or. 2016). “54 “Death” readily qualifies as a result within the meaning of the various mental state definitions of ORS 161.085, as Crosby expressly held, 342 Or at 430-31, and Woodman earlier assumed, see 341 Or at 119 (intent for homicide requires conscious objective that actions will…”
State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009). “"Recklessly" is defined in ORS 161.085(9), which provides as follows: "`Recklessly,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable…”
State v. Giron-Cortez, 557 P.3d 505 (Or. 2024).
State v. Crosby, 154 P.3d 97 (Or. 2007). ““ORS 161.085, which is on Page 329 of the 2002 statute book, under Definitions 9 and 10, 9 is recklessly and 10 is criminal negligence, they both say, person failed — criminal negligence, A person fails to be aware of a substantial and unjustifiable risk that the result will…”
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