Oregon Supreme Court

State v. Owen

March 3, 2022369 Or. 288

Summary

The Oregon Supreme Court affirmed the conviction for second‑degree assault, holding that the statute’s result element is a material element that requires a culpable mental state, that at minimum criminal negligence applies to that element, and that the trial court’s failure to give a negligence instruction was harmless. The court also overruled the portion of State v. Barnes that said no mental state attaches to the result element.