161.105 Culpability requirement inapplicable to certain violations and offenses
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/or/ors-chapter-161/general-provisions/criminal-liability/161-105·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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]