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STATE v. McCATHERN

0403-31327; A127638.

154 P.3d 130 (2007)

211 Or. App. 171

STATE of Oregon, Respondent, v. Nora Magdelene McCATHERN, Appellant.

Court of Appeals of Oregon.

Decided February 28, 2007.

Attorney(s) appearing for the Case

Laura Graser argued the cause and filed the brief for appellant.

Kaye E. McDonald, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

ORS 471.410(2) provides that "[n]o one other than the person's parent or guardian shall sell, give or otherwise make available any alcoholic liquor to a person under the age of 21 years." The principal issue in this case is whether that statute requires proof of a culpable mental state. The trial court concluded that the statute sets forth a strict liability offense and requires no proof of a culpable mental state. We agree and affirm.

The facts...

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