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Current as of January 01, 2023 | Updated by FindLaw Staff
(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.
Cite this article: FindLaw.com - Oregon Revised Statutes Crimes and Punishments § 161.105 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-16-crimes-and-punishments/or-rev-st-sect-161-105/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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