Law 102 - Oregon Revised Statutes Exam |
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Terms in this set (92)
ORS 161.095: requirements for (1) the minimal requirement for criminal
criminal liability 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 in 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
ORS 161.085: levels of intentionally, knowingly, recklessly and
culpability criminal negligence
,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
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
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
,Criminal negligence or when used with respect to a result or to a
criminally negligent 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
ORS 163.115: murder criminal homicide constitutes murder... it
is committed intentionally
(b) when it is committed by a person,
acting either alone or with one or more
persons, who
commits or attempts to commit any of the
following crimes and in the course of and
in furtherance of the crime the person is
committing or attempting to commit, or
during the immediate flight therefrom,
the person, or another participant if there
be any, causes the death of a person
other than one of the participants:
, ORS 163.115 (3): defenses to it is an affirmative defense to a charge of
felony murder violating subsection (1)(b) of this
section[the felony murder provision] that
the defendant:
(a) was not the only participant in the
underlying crime;
(b) did not commit the homicidal act or in
any way solicit, request, command,
importune, cause or aid in the
commission thereof;
(c) was not armed with a dangerous or
deadly weapon;
(d) had no reasonable ground to believe
that any other participant was armed with
a
dangerous or deadly weapon; and
(e) had no reasonable ground to believe
that any other participant intended to
engage in conduct likely to result in
death
ORS 161.118: first-degree criminal homicide constitutes
manslaughter manslaughter in the first degree when.. it
is committed recklessly under
circumstances manifesting extreme
indifference to the value of human life
Questions with 100% Correct Answers |
Verified | Latest Update 2026/2027
Save
Terms in this set (92)
ORS 161.095: requirements for (1) the minimal requirement for criminal
criminal liability 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 in 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
ORS 161.085: levels of intentionally, knowingly, recklessly and
culpability criminal negligence
,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
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
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
,Criminal negligence or when used with respect to a result or to a
criminally negligent 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
ORS 163.115: murder criminal homicide constitutes murder... it
is committed intentionally
(b) when it is committed by a person,
acting either alone or with one or more
persons, who
commits or attempts to commit any of the
following crimes and in the course of and
in furtherance of the crime the person is
committing or attempting to commit, or
during the immediate flight therefrom,
the person, or another participant if there
be any, causes the death of a person
other than one of the participants:
, ORS 163.115 (3): defenses to it is an affirmative defense to a charge of
felony murder violating subsection (1)(b) of this
section[the felony murder provision] that
the defendant:
(a) was not the only participant in the
underlying crime;
(b) did not commit the homicidal act or in
any way solicit, request, command,
importune, cause or aid in the
commission thereof;
(c) was not armed with a dangerous or
deadly weapon;
(d) had no reasonable ground to believe
that any other participant was armed with
a
dangerous or deadly weapon; and
(e) had no reasonable ground to believe
that any other participant intended to
engage in conduct likely to result in
death
ORS 161.118: first-degree criminal homicide constitutes
manslaughter manslaughter in the first degree when.. it
is committed recklessly under
circumstances manifesting extreme
indifference to the value of human life
