§ 1.1 Criminal Code; Other Sources of Law

LibraryCriminal Law in Oregon (OSBar) (2022 Ed.)

§ 1.1 CRIMINAL CODE; OTHER SOURCES OF LAW

ORS 161.005 lists the statutes that make up the Oregon Criminal Code (the "Code"). If a statute is part of the Code, it is located within chapters 161 to 167 of the Oregon Revised Statutes. However, there are many statutes within chapters 161 to 167 that are not part of the Code.

PRACTICE TIP

Under ORS 161.105, the culpable mental-state requirements provided by ORS 161.095 do not necessarily apply to offenses defined by statutes outside the Code. It is therefore necessary to consult ORS 161.005 to determine whether those requirements apply to a given offense. See State v. Rainoldi, 351 Or 486, 491, 268 P3d 568 (2011) (explaining that ORS 161.095 and ORS 161.105 "impose different requirements, depending on whether the offense at issue is defined by a statute within the Oregon Criminal Code").

Adopted in 1971 and based substantially on Model Penal Code principles, the Code is the primary source of Oregon's substantive criminal law, defining crimes, punishments, liabilities, and...

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