Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 161.105

Culpability requirement inapplicable to certain violations and offenses

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      161.105 Culpability requirement inapplicable to certain violations and offenses. (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 requirement for the offense or for any material element thereof.

      (2) Notwithstanding any other existing law, and unless a statute enacted after January 1, 1972, otherwise provides, an offense defined by a statute outside the Oregon Criminal Code that requires no culpable mental state constitutes a violation.

      (3) Although an offense defined by a statute outside the Oregon Criminal Code requires no culpable mental state with respect to one or more of its material elements, the culpable commission of the offense may be alleged and proved, in which case criminal negligence constitutes sufficient culpability, and the classification of the offense and the authorized sentence shall be determined by ORS 161.505 to 161.605 and 161.615 to 161.655. [1971 c.743 §9]

 

      161.110 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 104 cases (18 in the last 5 years), 1973–2025 · leading case: State v. Miller
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State v. Miller (1990) or · cites it 90× “095, a culpable mental state is not required if: "* * * * * "(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.”
State v. Buttrey (1982) or · cites it 35× “115, and ORS 161.105. ORS 161.085 lists and defines four culpable mental states — intentionally, knowingly, recklessly and criminal negligence — each of which require a form of awareness or failure to be aware as a requirement of criminal liability.”
State v. Rainoldi (2011) or · cites it 14× “095(2) provides: “Except as provided in ORS 161.105, 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.”
State v. Owen (2022) or · cites it 5× “The Oregon Criminal Code includes provisions defining a “culpable mental state” and delineating four different mental states, ORS 161.”
State v. Turnidge (2016) or · cites it 4× “095(2) provides: “Except as provided in ORS 161.105, 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.”
State v. Chang Hwan Cho (1984) or · cites it 15× “095(2) provides: “Except as provided in ORS 161.105, a person is not guilty of an offense unless he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
State v. Andrews (2001) orctapp · cites it 9× “*361 “(2) Except as provided in ORS 161.105, 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.”
State v. Simonov (2016) or · cites it 4× “095(2) (“Except as provided in ORS 161.105 [governing violations and crimes outside the Criminal Code], 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…”
State v. Von Eil Eyerly (1978) orctapp · cites it 30× “095(2) provides: "Except as provided in ORS 161.105, a person is not guilty of an offense unless *1042 he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
State v. Stroup (1980) or · cites it 10× “[2] That exception, ORS 161.105, is stated as follows: "(1) Notwithstanding ORS 161.”
State v. Rainoldi (2010) orctapp · cites it 10× ““(2) Except as provided in ORS 161.105, 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.”
State v. Jones (2008) orctapp · cites it 7× “105 provides, in part: “(1) Notwithstanding ORS 161.095, a culpable mental state is not required if: ****** “(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the…”
Show all 104 citing cases →
— Or. Rev. Stat. § 161.105(1) — 22 cases
State v. Prophet (2022) orctapp
State v. Miller (1990) or “095, a culpable mental state is not required if: "* * * * * "(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.”
State v. Hamlett (2010) orctapp
State v. Rainoldi (2011) or “095(2) provides: “Except as provided in ORS 161.105, 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.”
State v. Andrews (2001) orctapp “*361 “(2) Except as provided in ORS 161.105, 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.”
— Or. Rev. Stat. § 161.105(1)(a) — 8 cases
State v. Miller (1990) or “095, a culpable mental state is not required if: "* * * * * "(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.”
State v. Buttrey (1982) or “115, and ORS 161.105. ORS 161.085 lists and defines four culpable mental states — intentionally, knowingly, recklessly and criminal negligence — each of which require a form of awareness or failure to be aware as a requirement of criminal liability.”
State v. Chang Hwan Cho (1984) or “095(2) provides: “Except as provided in ORS 161.105, a person is not guilty of an offense unless he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
State v. Von Eil Eyerly (1978) orctapp “095(2) provides: "Except as provided in ORS 161.105, a person is not guilty of an offense unless *1042 he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
State v. Cervantes (2021) orctapp
— Or. Rev. Stat. § 161.105(1)(b) — 24 cases
State v. Miller (1990) or “095, a culpable mental state is not required if: "* * * * * "(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.”
State v. Buttrey (1982) or “115, and ORS 161.105. ORS 161.085 lists and defines four culpable mental states — intentionally, knowingly, recklessly and criminal negligence — each of which require a form of awareness or failure to be aware as a requirement of criminal liability.”
State v. Ruggles (2010) orctapp
State v. Prophet (2022) orctapp
State v. Wiborg (2017) orctapp
— Or. Rev. Stat. § 161.105(2) — 16 cases
State v. Miller (1990) or “095, a culpable mental state is not required if: "* * * * * "(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof.”
State v. Pierre (1977) orctapp
State v. Buttrey (1982) or “115, and ORS 161.105. ORS 161.085 lists and defines four culpable mental states — intentionally, knowingly, recklessly and criminal negligence — each of which require a form of awareness or failure to be aware as a requirement of criminal liability.”
State v. Chang Hwan Cho (1984) or “095(2) provides: “Except as provided in ORS 161.105, a person is not guilty of an offense unless he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
State v. Von Eil Eyerly (1978) orctapp “095(2) provides: "Except as provided in ORS 161.105, a person is not guilty of an offense unless *1042 he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
— Or. Rev. Stat. § 161.105(3) — 13 cases
State v. Chang Hwan Cho (1984) or “095(2) provides: “Except as provided in ORS 161.105, a person is not guilty of an offense unless he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
State v. Jacobs (1981) orctapp
Thomas Creek Lumber & Log Co. v. Board of Forestry (2003) orctapp
State v. Kelso (1984) orctapp
State v. Farkes (1984) orctapp
— Or. Rev. Stat. § 161.105(8) — 1 case
State v. Fries (2007) orctapp
— Or. Rev. Stat. § 161.105(l)(a) — 5 cases
State v. Buttrey (1982) or “115, and ORS 161.105. ORS 161.085 lists and defines four culpable mental states — intentionally, knowingly, recklessly and criminal negligence — each of which require a form of awareness or failure to be aware as a requirement of criminal liability.”
State v. Chang Hwan Cho (1984) or “095(2) provides: “Except as provided in ORS 161.105, a person is not guilty of an offense unless he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
State v. Von Eil Eyerly (1978) orctapp “095(2) provides: "Except as provided in ORS 161.105, a person is not guilty of an offense unless *1042 he acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state.”
State v. Pierre (1977) orctapp
State v. Hinton (2006) orctapp
— Or. Rev. Stat. § 161.105(l)(b) — 24 cases
State v. Rainoldi (2011) or “095(2) provides: “Except as provided in ORS 161.105, 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.”
State v. Turnidge (2016) or “095(2) provides: “Except as provided in ORS 161.105, 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.”
State v. Jones (2008) orctapp “105 provides, in part: “(1) Notwithstanding ORS 161.095, a culpable mental state is not required if: ****** “(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the…”
State v. Andrews (2001) orctapp “*361 “(2) Except as provided in ORS 161.105, 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.”
State v. Buttrey (1982) or “115, and ORS 161.105. ORS 161.085 lists and defines four culpable mental states — intentionally, knowingly, recklessly and criminal negligence — each of which require a form of awareness or failure to be aware as a requirement of criminal liability.”
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