Oregon Code § 161.295·Enacted ·Last updated March 01, 2026
Statute Text
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.
Plain English Explanation
This Oregon statute addresses Guilty
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 161.295
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Guilty
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