161.380; 1995 c.422 �58] ����� 161.295 Guilty except for insanity. (1) A person is guilty except for insanity if, at the time of engaging in criminal conduct, the person lacks substantial capacity

161.380; 1995 c.422 �58]

����� 161.295 Guilty except for insanity. (1) A person is guilty except for insanity if, at the time of engaging in criminal conduct, the person lacks substantial capacity either to appreciate the criminality of the conduct or to conform the conduct to the requirements of law, and:

����� (a) But for a qualifying mental disorder, the person would have had such substantial capacity;

����� (b) A mental disorder other than a qualifying mental disorder is not the primary cause of the lack of substantial capacity; and

����� (c) The lack of substantial capacity is not the result of voluntary intoxication in combination with a qualifying mental disorder, a mental disorder other than a qualifying mental disorder or both.

����� (2) As used in chapter 743, Oregon Laws 1971, the term �qualifying mental disorder� does not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct, nor does the term include any abnormality constituting solely a personality disorder. [1971 c.743 �36; 1983 c.800 �1; 2017 c.634 �3; 2025 c.119 �1]

����� Note: See note under 161.015.

����� 161.300 Evidence of qualifying mental disorder admissible as to intent. Evidence that the actor suffered from a qualifying mental disorder is admissible whenever it is relevant to the issue of whether the actor did or did not have the intent which is an element of the crime. [1971 c.743 �37; 2017 c.634 �4]

����� 161.305 Qualifying mental disorder as affirmative defense. Qualifying mental disorder constituting insanity under ORS 161.295 is an affirmative defense. [1971 c.743 �38; 1983 c.800 �2; 2017 c.634 �5]

����� 161.309 Notice of mental defense; when report required; contents of report; plea. (1) The defendant may not introduce evidence on the issue of insanity under ORS 161.295, unless the defendant:

����� (a) Gives notice of intent to do so in the manner provided in subsection (3) of this section; and

����� (b) Files with the court a report of a psychiatric or psychological evaluation, conducted by a certified evaluator, in the manner provided in subsection (4) of this section.

����� (2) The defendant may not introduce in the case in chief expert testimony regarding partial responsibility or diminished capacity under ORS 161.300 unless the defendant gives notice of intent to do so in the manner provided in subsection (3) of this section.

����� (3)(a) A defendant who is required under subsection (1) or (2) of this section to give notice shall file a written notice of purpose at least 45 days before trial.

����� (b) Notwithstanding paragraph (a) of this subsection, the court may, for good cause, permit the defendant to file the notice within 45 days before trial.

����� (c) If the defendant fails to file notice under this subsection, the defendant may not introduce evidence for the establishment of a defense under ORS 161.295 or