State v. Boggs

A culpable mental state other than knowledge attaches to the property value element of theft in the first degree. State v. Shedrick, 370 Or 255 (2022). “[T]he mens rea of criminal negligence includes two components: (1) A failure of the person ‘to be aware of a substantial and unjustifiable risk that the circumstance exists,’ ORS 161.085(10); and (2) a risk of ‘such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.” Id.

This case came on remand from the Supreme Court for reconsideration in light of State v. Shedrick, 370 Or 255 (2022). On remand, the Court considered Defendant's assignments of error to the trial court's failure to provide a jury instruction on the mental state required for the value of stolen property. A culpable mental state other than knowledge attaches to the property value element of theft in the first degree. State v. Shedrick, 370 Or 255 (2022). “[T]he mens rea of criminal negligence includes two components: (1) A failure of the person ‘to be aware of a substantial and unjustifiable risk that the circumstance exists,’ ORS 161.085(10); and (2) a risk of ‘such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.” Id. Upon consideration of the Shedrick ruling, the Court determined the value of the stolen goods was relevant to the State’s requirement to prove Defendant's mental state. However, any error by the trial court in instructing the jury on criminal negligence was harmless and likely did not affect the verdict because the evidence at trial had nevertheless demonstrated that Defendant had demonstrated a gross deviation from the conduct of a reasonable person. Affirmed.