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ORS 161.295

Known as the Oregon Criminal Code

The act spans §§ 161–161 (150 sections).

Applied in 171 court decisions — leading case Clark v. Arizona (2006)

Most recently applied in 347 Or. App. 721 - State v. Clark (March 2026)

1971 c.743 §36; 1983 c.800 §1; 2017 c.634 §3; 2025 c.119 §1

How often courts cite this section

197319801990200020102020202690
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(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.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.