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“Knowing” Means Knowing

In Theft by Receiving, UUMV and, in general, all thefts in which the culpable mental state alleged is “knowing,” it may be improper to instruct the jury that they can find guilt based upon a defendant “having good reason to know” rather than actual knowledge or belief as to the status of the property.  State v. Thomas, 13 Or App 164, adopted by the Supreme Court in State v. Korelis, 273 Or 427 (1975).

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