Culpability requirement inapplicable to certain violations and offenses
ORS > Procedural Statutes > General Criminal Matters > 161.105
(1) regardless of 161.095 (requirements for criminal liability), 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 of its material elements
(2) regardless of any other existing law, & unless a statute enacted after January 1, 1972 provides otherwise, 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 authorised sentence is determined by 161.505 ("Offense" described) to 161.605 (Maximum terms of imprisonment for felonies) & from 161.615 (Maximum terms of imprisonment for misdemeanors) to 161.655 (Fines for corporations)
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