(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]Section: Previous 161.070 161.075 161.080 161.085 161.090 161.095 161.100 161.105 161.110 161.115 161.120 161.125 161.150 161.155 161.160 Next
Last modified: August 7, 2008