McNutt v. State

The principal question presented in this case is whether the breach of a statute outside the Oregon Criminal Code, 1 which breach does not specifically require a culpable mental state, constitutes a misdemeanor or a violation. More specifically, does the breach of ORS 541.615(1), 2 punishable by ORS 541.990(4), 3 constitute a misdemeanor, as described in ORS 161.545 4 and 161.555(3) 5 or a violation, as described in ORS 161.565? 6 The answer to the question lies in the application of the appropriate statutory provisions.

Defendant pleaded guilty in district court to the charge of removal of…