State v. Jimenez-Correo

Following a jury trial, defendant was convicted of, among other offenses, three counts of delivering marijuana to a minor, former ORS 475.995 (2001), renumbered as ORS 475.906 (2005). On appeal, he contends that the trial court erred in refusing to give his requested jury instruction providing that the state was required to prove that defendant had knowledge that the persons to whom he had delivered marijuana were under 18 years of age. We conclude that, under former ORS 475.995, a culpable mental state requirement does not extend to the element of the recipient’s age, and, therefore, the…