State v. Harper
State v. Harper
Opinion of the Court
"In this case the State must prove beyond a reasonable doubt that the defendant knew of both the presence and the narcotic or illicit nature of the substance. The State does not need to prove that the defendant knew the specific identity of the substance."
The jury found defendant guilty of possession of methamphetamine.
*128On appeal, defendant reprises the argument she made below. As we understand it, defendant neither disputes that the evidence was sufficient to support a finding that she knowingly possessed a controlled substance nor does she dispute that that substance was, in fact, methamphetamine. Her narrow argument is that, to convict a person of the specific offense of possession of "methamphetamine" under ORS 475.894, the state must prove that the person knew that the substance in his or her possession was methamphetamine specifically, as opposed to a controlled substance generally. That is, defendant argues that the identity of the substance *47as "methamphetamine" is a material element of the offense to which the required mental state of "knowingly or intentionally" applies. The state disagrees.
Defendant's argument relies on ORS 161.095(2), which provides:
"Except as provided in ORS 161.105 , a person is not guilty of an offense unless the person acts with a culpable mental state with respect to each material element of the offense that necessarily requires a culpable mental state."
(Emphases added.) The state, in turn, relies on ORS 161.105, which provides, in relevant part:
"(1) Notwithstanding ORS 161.095, a culpable mental state is not required if:
"* * * * *
"(b) An offense defined by a statute outside the Oregon Criminal Code clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or for any material element thereof."
(Emphases added.)
There is no dispute that ORS 475.894 is "outside the Oregon Criminal Code" for purposes of ORS 161.105(1)(b). See ORS 161.005 (listing statutes constituting the Oregon Criminal Code). Therefore, we ask whether ORS 475.894(1)"clearly indicates a legislative intent to dispense with any culpable mental state requirement for the offense or any material element thereof." ORS 161.105(1)(b) ; see also State v. Rainoldi ,
Because "the legislature has provided no guidance about how we should determine whether an offense 'clearly indicates' such legislative intent," the Supreme Court has identified a nonexhaustive list of factors to consider: (1) the text of the statute, (2) the nature of the element at issue, (3) the legislative history, and (4) the purpose of the statute.
Here, the text of the statute is dispositive. See State v. Wiborg ,
We resolved that ambiguity in Schodrow. In that case, ORS 166.250(1) provided that it was unlawful for a person to "knowingly carr[y] any firearm concealed upon the person." Schodrow ,
*130" 'Knowingly' or 'with knowledge,' when used with respect to conduct or to a circumstance described by a statute defining an offense, means that a person acts with an awareness that the conduct of the person is of a nature so described or that a circumstance so described exists ."
(Emphasis added). We concluded that:
"By force of that definition, to knowingly 'carry a firearm' requires more than the person's awareness that he or she is engaged in the conduct of carrying an object of some or any kind. Instead, either because carrying 'a firearm' is an aspect of *48the nature of the conduct or a circumstance described by the statute, a person must also be aware that the object he or she is carrying is a firearm. That awareness requires, in turn, knowledge that the weapon has the characteristics of a firearm-namely, as relevant to defendant's challenge, that it is readily capable of use as a weapon. See ORS 166.210(2).
"To conclude otherwise would render the prescribed culpable mental state a nullity and would effectively convert the crime into a strict liability offense. Under ORS 161.095(1), the 'minimal requirement for criminal liability' is performance by a person of conduct that includes a 'voluntary act' or failure to act. A 'voluntary act' means 'a bodily movement performed consciously and includes the conscious possession or control of property.' ORS 161.085(2). Thus, even if the legislature were to have dispensed with a culpable mental state for the crime of unlawful possession of a firearm-which it expressly did not-the state would be required to prove that the defendant was carrying property consciously, even if he or she was unaware of the nature of that property being carried (i.e. , that it was a firearm). Necessarily, then, for the prescribed mental state of "knowingly" to add anything to the crime's definition, it must modify more than the conduct of carrying an object or property and must extend as well to the nature of the object or property carried."
Schodrow ,
Our reasoning in Schodrow applies with equal force here. Possessing "methamphetamine" is "an aspect of the nature of the conduct or a circumstance described by" ORS 475.894(1).
In resisting that conclusion, the state argues that this case is controlled by State v. Engen ,
The state also argues that the legislative history of ORS 475.894 indicates that the legislature did not intend to apply a culpable mental state to the methamphetamine element of ORS 475.894(1). Even assuming, without deciding, that that is true, there is no way to interpret the statute in the way that the state proposes without either rendering the mental state a "nullity," Schodrow ,
Because the statute does not clearly indicate a legislative intent to dispense with the culpable mental state, we next determine whether methamphetamine is a "material element of the offense that necessarily requires a culpable mental state." ORS 161.095(2). We readily conclude that the character of the prohibited substance as "methamphetamine" is a material element of the offense. See State v. Simonov ,
An element necessarily requires proof of a culpable mental state if it "concern[s] the substance or quality of the crime-the harm or evil sought to be prevented, but not for elements concerning venue, jurisdiction, statute of limitations, or something similar." State v. Wier ,
In light of the foregoing, it was error for the trial court to instruct the jury that the state "does not need to prove that the defendant knew the specific identity of the substance." Because that instruction concerned one of the elements of the statutory offense and allowed the jury to reach an erroneous result, the error requires reversal. Wallach ,
*133We reach a different conclusion, however, regarding the MJOA. Viewing the evidence in the light most favorable to the state, we conclude that a rational factfinder could conclude that defendant knew that she possessed methamphetamine. First, we note that "[p]roof of unlawful * * * possession of a controlled substance is prima facie evidence of knowledge of its character." ORS 167.238(1). See generally State v. Rainey ,
Conviction on count one for possession of methamphetamine reversed and remanded; otherwise affirmed.
Reference
- Full Case Name
- STATE of Oregon, Plaintiff-Respondent v. Trena Annjelic HARPER
- Cited By
- 792 cases
- Status
- 401 P.3d 262
- Syllabus
- 847