# ORS § 161.085: 161.085 Definitions with respect to culpability > Oregon · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.085 ## Section - **Citation:** ORS § 161.085 - **Heading:** 161.085 Definitions with respect to culpability - **Jurisdiction:** Oregon - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** OR Code / Title 16 / Chapter 161 / Section 161.085 ## Text As used in chapter 743, Oregon Laws 1971, and ORS 166.635 (Discharging weapon or throwing objects at trains) , unless the context requires otherwise: (1) “Act” means a bodily movement. (2) “Voluntary act” means a bodily movement performed consciously and includes the conscious possession or control of property. (3) “Omission” means a failure to perform an act the performance of which is required by law. (4) “Conduct” means an act or omission and its accompanying mental state. (5) “To act” means either to perform an act or to omit to perform an act. (6) “Culpable mental state” means intentionally, knowingly, recklessly or with criminal negligence as these terms are defined in subsections (7), (8), (9) and (10) of this section. (7) “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. (8) “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. (9) “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. (10) “Criminal negligence” or “criminally negligent,” when used with respect to a result or to a 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. [1971 c.743 §7; 1973 c.139 §2] Note: See note under 161.015 (General definitions) . Source: Section 161.085 — Definitions with respect to culpability , https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html (accessed May 26, 2025). ## Nearby sections - [ORS § 161.005 161.005 Short title](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.005.md) - [ORS § 161.015 161.015 General definitions](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.015.md) - [ORS § 161.025 161.025 Purposes](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.025.md) - [ORS § 161.035 161.035 Application of Criminal Code](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.035.md) - [ORS § 161.045 161.045 Limits on application](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.045.md) - [ORS § 161.055 161.055 Burden of proof as to defenses](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.055.md) - [ORS § 161.065 161.065 Evidence of physical injury](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.065.md) - [ORS § 161.067 161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.067.md) - [ORS § 161.085 161.085 Definitions with respect to culpability](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.085.md) - [ORS § 161.095 161.095 Requirements for criminal liability](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.095.md) - [ORS § 161.105 161.105 Culpability requirement inapplicable to certain violations and offenses](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.105.md) - [ORS § 161.115 161.115 Construction of statutes with respect to culpability](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.115.md) - [ORS § 161.125 161.125 Drug or controlled substance use or dependence or intoxication as defense](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.125.md) - [ORS § 161.150 161.150 Criminal liability described](https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.150.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_OR_T16_C161_S161.085. 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