State v. Rutley

Defendant was convicted of violating ORS 475.999 (1999), 1 which made it unlawful to deliver certain controlled substances “within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.” The issue in this case is whether that statute required defendant to know that the delivery took place within 1,000 feet of a school. The trial court concluded that the state did not need to prove defendant’s knowledge of the distance from a school. The Court of Appeals disagreed, holding that, in order to convict defendant, “the…