ORS 161.295: Guilty except for insanity.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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]
Official history and status
History: Note: See note under 161.015.
Administrative rules citing this section
- OAR 257-010-0060: Mental Health Information Reporting to NICS — authority
- OAR 309-090-0000: Purpose and Scope — implements
- OAR 309-090-0010: Forensic Certification Types and Requirements — implements
- OAR 309-090-0015: Application Requirements and Process — implements
- OAR 309-090-0020: Recertification Requirements — implements
- OAR 309-090-0030: Forensic Evaluation Review Panel — implements
- OAR 309-090-0035: Forensic Evaluation Review Panel Process — implements
- OAR 309-090-0040: Forensic Evaluator Training Program — implements
- OAR 309-090-0050: Confidentiality — implements
- OAR 309-090-0055: Certification Denial, Suspension, Revocation, Non-Recertification and Complaints Regarding Content of Written Evaluation Reports — implements
- OAR 309-090-0060: Complaints on Which the Authority Can Act — implements
- OAR 309-090-0065: Complaint Processing and Investigation — implements
- OAR 309-090-0070: Contested Case Hearing — implements
- OAR 859-010-0005: Definitions — implements
- OAR 859-050-0105: Protocol for Media at Hearings — implements
- OAR 859-050-0110: Records of Hearings — implements
- OAR 859-550-0110: Records of Hearings — implements
This rule cites
No citations extracted.
Cited by
- ORS 112.555: Final judgment as conclusive; evidence of felonious and intentional killing.
- ORS 127.720: Circumstances in which physician or provider may disregard declaration.
- ORS 161.305: Qualifying mental disorder as affirmative defense.
- ORS 161.309: Notice of mental defense; when report required; contents of report; plea.
- ORS 161.313: Jury instructions; insanity.
- ORS 161.319: Form of verdict on guilty except for insanity.
- ORS 161.365: Fitness to proceed consultation; examination; report; rules.
- ORS 166.250: Unlawful possession of firearms.
- ORS 166.273: Relief from firearm prohibitions related to mental health.
- ORS 166.291: Issuance of concealed handgun license; application; fees; liability.
- ORS 166.470: Limitations and conditions for sales of firearms.
- ORS 480.225: Eligibility for certificate of possession.
- OAR 213-009-0002: Offenders Found Guilty Except for Insanity
- OAR 257-010-0060: Mental Health Information Reporting to NICS
- OAR 309-019-0105: Definitions
- OAR 309-033-0811: Declaration for Mental Health Treatment (DMHT) Standards and Processes
- OAR 309-040-0305: Temporary rule language in effect until 12/01/2026. Definitions
- OAR 859-300-0030: Definitions
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors161.html