State v. Rapp

Under Oregon law, a person acts knowingly with respect to criminal conduct described by statute if the person “acts with an awareness that the conduct of the person is of a nature so described.” ORS 161.085(8).

Defendant appealed a conviction for reckless driving and fleeing or attempting to elude a police officer. Defendant was charged under ORS 811.540(1)(b)(A)(B), which states, “a person commits the crime of fleeing or attempting to elude a police officer” if the person “knowingly flees or attempts to elude” a police officer under certain statutorily specified circumstances. Defendant assigned error to the trial court’s jury instructions which included the definition of “knowingly” rather than the meaning of the intentional mental state. Both the Defendant and the State agreed that the jury should receive the definition of “knowingly” for more precise statutory interpretation. The Defendant also argued that the jury be provided with instructions on the meaning of “intentionally attempt to elude” from ORS 811.540(1)(b)(A). Under Oregon law, a person acts knowingly with respect to criminal conduct described by statute if the person “acts with an awareness that the conduct of the person is of a nature so described.” ORS 161.085(8). The Court held that a person can act with an awareness that they are attempting to elude police, to escape, even if they do not act with the conscious objective to do so. Therefore, the State is not required to prove that the Defendant acted intentionally. Affirmed.