1,304 indexed section records · 9 chapters · Snapshot built 2026-10-08 UTC · Machine extraction unreviewed
1,304 matching snapshot records. 2025 edition snapshot. Printed versions and notes are retained; later amendments and operative text require review.
ORS Chapter 161 · 2025 edition · Machine extracted
161.095 Requirements for criminal liability. (1) The minimal requirement for criminal liability is the performance by a person of conduct which includes a voluntary act or the omission to perform an act which the person is capable of performing.
(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. [1971 c.743 §8]
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161.100 [Repealed by 1971 c.743 §432]
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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 st
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161.110 [Repealed by 1971 c.743 §432]
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161.115 Construction of statutes with respect to culpability. (1) If a statute defining an offense prescribes a culpable mental state but does not specify the element to which it applies, the prescribed culpable mental state applies to each material element of the offense that necessarily requires a culpable mental state.
(2) Except as provided in ORS 161.105, if a statute defining an offense does not prescribe a culpable mental state, culpability is nonetheless required and is established only if a person acts intentionally, knowingly, recklessly or with criminal negligence.
(3) If the definition of an offense prescribes criminal negligenc
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161.120 [Repealed by 1971 c.743 §432]
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161.125 Drug or controlled substance use or dependence or intoxication as defense. (1) The use of drugs or controlled substances, dependence on drugs or controlled substances or voluntary intoxication shall not, as such, constitute a defense to a criminal charge, but in any prosecution for an offense, evidence that the defendant used drugs or controlled substances, or was dependent on drugs or controlled substances, or was intoxicated may be offered by the defendant whenever it is relevant to negative an element of the crime charged.
(2) When recklessness establishes an element of the offense, if the defendant, due to the use of drugs or con
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161.150 Criminal liability described. A person is guilty of a crime if it is committed by the person’s own conduct or by the conduct of another for which the person is criminally liable, or both. [1971 c.743 §12]
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161.155 Criminal liability for conduct of another. A person is criminally liable for the conduct of another person constituting a crime if:
(1) The person is made criminally liable by the statute defining the crime; or
(2) With the intent to promote or facilitate the commission of the crime the person:
(a) Solicits or commands such other person to commit the crime; or
(b) Aids or abets or agrees or attempts to aid or abet such other person in planning or committing the crime; or
(c) Having a legal duty to prevent the commission of the crime, fails to make an effort the person is legally required to make. [1971 c.743 §13]
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161.160 Exclusion of defenses to criminal liability for conduct of another. In any prosecution for a crime in which criminal liability is based upon the conduct of another person pursuant to ORS 161.155, it is no defense that:
(1) Such other person has not been prosecuted for or convicted of any crime based upon the conduct in question or has been convicted of a different crime or degree of crime; or
(2) The crime, as defined, can be committed only by a particular class or classes of persons to which the defendant does not belong, and the defendant is for that reason legally incapable of committing the crime in an individual capacity. [1971
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161.165 Exemptions to criminal liability for conduct of another. Except as otherwise provided by the statute defining the crime, a person is not criminally liable for conduct of another constituting a crime if:
(1) The person is a victim of that crime; or
(2) The crime is so defined that the conduct of the person is necessarily incidental thereto. [1971 c.743 §15]
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161.170 Criminal liability of corporations. (1) A corporation is guilty of an offense if:
(a) The conduct constituting the offense is engaged in by an agent of the corporation while acting within the scope of employment and in behalf of the corporation and the offense is a misdemeanor or a violation, or the offense is one defined by a statute that clearly indicates a legislative intent to impose criminal liability on a corporation; or
(b) The conduct constituting the offense consists of an omission to discharge a specific duty of affirmative performance imposed on corporations by law; or
(c) The conduct constituting the offense is engaged
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161.175 Criminal liability of an individual for corporate conduct. A person is criminally liable for conduct constituting an offense which the person performs or causes to be performed in the name of or in behalf of a corporation to the same extent as if such conduct were performed in the person’s own name or behalf. [1971 c.743 §17]
JUSTIFICATION
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161.190 Justification as a defense. In any prosecution for an offense, justification, as defined in ORS 161.195 to 161.275, is a defense. [1971 c.743 §18]
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161.195 “Justification” described. (1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.
(2) As used in subsection (1) of this section, “laws and judicial decrees” include but are not limited to:
(a) Laws defining duties and functions of public servants;
(b) Laws defining duties of priv
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161.200 Choice of evils. (1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when:
(a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and
(b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute definin
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161.205 Use of physical force generally. The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:
(1)(a) A parent or legal guardian of a minor child may use reasonable physical force upon the minor child when and to the extent the person reasonably believes the physical force is necessary to maintain discipline or promote the welfare of the minor child, unless the physical force constitutes abuse as defined in ORS 418.257 or 419B.005.
(b) Personnel of a public education program, as that term is defined in ORS 339.285, may use reasonable
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161.209 Use of physical force in defense of a person. Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]
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161.210 [Repealed by 1971 c.743 §432]
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161.215 Limitations on use of physical force in defense of a person. (1) Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if:
(a) With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person.
(b) The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable if the person withdraws from the encounter and effectively communicates to the other person the intent to do so, but the latter nevertheless continues or threatens to continue the use of unlawf
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