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773 P.2d 760

Dear v. State

Court of Criminal Appeals of Oklahoma · decided 1989-05-18

Cited by 1 later decisions — most recently November 2012

1 state decisions

Relies on Williams v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1989-05-18

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PARKS, Vice Presiding Judge,

¶1specially concurring:

¶2Where the Legislature, in enacting a statute imposing criminal liability, omits a mens rea requirement and the defendant argues intent is a necessary element, the question must be resolved as a matter of legislative intent. See Williams v. State, 565 P.2d 46, 48 (Okla.Crim.App.1977). The Oklahoma Legislature did not respond to Williams by amending the statute to make clear that its omission of a mens rea requirement was deliberate. Absent a clear legislative intent to the contrary, I see no reason why Williamsshould not be extended to 21 O.S.1981, § 1272. Accordingly, I. concur.

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