State v. Chang Hwan Cho

This is a criminal prosecution for a breach 1 of the wildlife laws. The issue on review is whether a culpable mental state is an element of the offense charged. We hold that it is.

Defendant was charged with “offering to buy parts of game mammal, to wit; Bear,” an alleged breach of ORS 498.022. 2 Defendant was convicted of offering to purchase the gall bladder of a bear and sentenced to pay a $525 fine. Defendant was also sentenced to 30 days in jail. The jail sentence was suspended and defendant was placed on probation for two years.

Defendant appealed, assigning error for the trial judge’s…