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STATE v. WALLACE

(CC 17CR27381) (SC S069898).

561 P.3d 602 (2024)

373 Or. 122

STATE of Oregon, Petitioner on Review, v. Chance Neal WALLACE, Respondent on Review.

Supreme Court of Oregon.

December 12, 2024.

Attorney(s) appearing for the Case

Jennifer S. Lloyd, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Shawn Wiley, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for respondent on review. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section.

Before Flynn, Chief Justice, Duncan, Garrett, DeHoog, Bushong, and Masih, Justices, and Walters, Senior Judge, Justice pro tempore.

Oregon law prohibits sexual conduct with a person who is "considered incapable of consenting" because the person is "[i]ncapable of appraising the nature of the [person's] conduct[.]" ORS 163.315(1)(b); ORS 163.305(3).1 At the time of defendant's alleged sexual offenses, the applicable statutes expressly included...

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