166.635, unless the context requires otherwise: ����� (1) �Act� means a bodily movement. ����� (2) �Voluntary act� means a bodily movement performed consciously and includes the conscious possession

166.635, unless the context requires otherwise:

����� (1) �Act� means a bodily movement.

����� (2) �Voluntary act� means a bodily movement performed consciously and includes the conscious possession or control of property.

����� (3) �Omission� means a failure to perform an act the performance of which is required by law.

����� (4) �Conduct� means an act or omission and its accompanying mental state.

����� (5) �To act� means either to perform an act or to omit to perform an act.

����� (6) �Culpable mental state� means intentionally, knowingly, recklessly or with criminal negligence as these terms are defined in subsections (7), (8), (9) and (10) of this section.

����� (7) �Intentionally� or �with intent,� when used with respect to a result or to conduct described by a statute defining an offense, means that a person acts with a conscious objective to cause the result or to engage in the conduct so described.

����� (8) �Knowingly� or �with knowledge,� when used with respect to conduct or to a circumstance described by a statute defining an offense, means that a person acts with an awareness that the conduct of the person is of a nature so described or that a circumstance so described exists.

����� (9) �Recklessly,� when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

����� (10) �Criminal negligence� or �criminally negligent,� when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. [1971 c.743 �7; 1973 c.139 �2]

����� Note: See note under 161.015.

����� 161.090 [Amended by 1967 c.372 �11; repealed by 1971 c.743 �432]

����� 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]

����� 161.100 [Repealed by 1971 c.743 �432]

����� 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 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]

����� 161.110 [Repealed by 1971 c.743 �432]

����� 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 negligence as the culpable mental state, it is also established if a person acts intentionally, knowingly or recklessly. When recklessness suffices to establish a culpable mental state, it is also established if a person acts intentionally or knowingly. When acting knowingly suffices to establish a culpable mental state, it is also established if a person acts intentionally.

����� (4) Knowledge that conduct constitutes an offense, or knowledge of the existence, meaning or application of the statute defining an offense, is not an element of an offense unless the statute clearly so provides. [1971 c.743 �10]

����� 161.120 [Repealed by 1971 c.743 �432]

����� 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 controlled substances, dependence on drugs or controlled substances or voluntary intoxication, is unaware of a risk of which the defendant would have been aware had the defendant been not intoxicated, not using drugs or controlled substances, or not dependent on drugs or controlled substances, such unawareness is immaterial. [1971 c.743 �11; 1973 c.697 �13; 1979 c.744 �6]

PARTIES TO CRIME

����� 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]

����� 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]

����� 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 c.743 �14]

����� 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]

����� 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 in, authorized, solicited, requested, commanded or knowingly tolerated by the board of directors or by a high managerial agent acting within the scope of employment and in behalf of the corporation.

����� (2) As used in this section:

����� (a) �Agent� means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation.

����� (b) �High managerial agent� means an officer of a corporation who exercises authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees, or any other agent in a position of comparable authority. [1971 c.743 �16]

����� 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

����� 161.190 Justification as a defense. In any prosecution for an offense, justification, as defined in ORS 161.195 to