State v. McCathern

ORS 471.410(2) provides that “[n]o one other than the person’s parent or guardian shall sell, give or otherwise make available any alcoholic liquor to a person under the age of 21 years.” The principal issue in this case is whether that statute requires proof of a culpable mental state. The trial court concluded that the statute sets forth a strict liability offense and requires no proof of a culpable mental state. We agree and affirm.

The facts pertaining to the issue on appeal are few and undisputed. Defendant lived next door to a foster home in which six girls, whose ages ranged from 13 to…