Section 163.149 – Aggravated vehicular homicide.
(1) Criminal homicide constitutes aggravated vehicular homicide when it is committed with criminal negligence, recklessly or recklessly under circumstances manifesting extreme indifference to the value of human life by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and: (a) The person has a previous conviction for […]
Section 163.150 – Sentencing for aggravated murder; proceedings; issues for jury.
(1)(a) Upon a finding that the defendant is guilty of aggravated murder, the court, except as otherwise provided in subsection (3) of this section, shall conduct a separate sentencing proceeding to determine whether the defendant shall be sentenced to life imprisonment, as described in ORS 163.105 (1)(c), life imprisonment without the possibility of release or […]
Section 163.155 – Sentencing for murder of pregnant victim; proceeding; issues for jury.
(1) When a defendant, who was at least 15 years of age at the time of committing the murder, is convicted of murdering a pregnant victim under ORS 163.115 (1)(a) and the defendant knew that the victim was pregnant, the defendant shall be sentenced to life imprisonment without the possibility of release or parole if […]
Section 163.118 – Manslaughter in the first degree.
(1) Criminal homicide constitutes manslaughter in the first degree when: (a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life; (b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in ORS 163.135, which constitutes a mitigating circumstance reducing the homicide that […]
Section 163.125 – Manslaughter in the second degree.
(1) Criminal homicide constitutes manslaughter in the second degree when: (a) It is committed recklessly; (b) A person intentionally causes or aids another person to commit suicide; or (c) A person, with criminal negligence, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and: […]
Section 163.135 – Extreme emotional disturbance as affirmative defense to murder in the second degree; notice of expert testimony; right of state to psychiatric or psychological examination.
(1) It is an affirmative defense to murder in the second degree for purposes of ORS 163.115 (1)(a) that the homicide was committed under the influence of extreme emotional disturbance if the disturbance is not the result of the person’s own intentional, knowing, reckless or criminally negligent act and if there is a reasonable explanation […]
Section 163.145 – Criminally negligent homicide.
(1) A person commits the crime of criminally negligent homicide when, with criminal negligence, the person causes the death of another person. (2) Criminally negligent homicide is a Class B felony. [1971 c.743 §91; 2003 c.815 §2]
Section 163.147 – Crime category classification for manslaughter in the second degree and criminally negligent homicide.
The Oregon Criminal Justice Commission shall classify manslaughter in the second degree as described in ORS 163.125 and criminally negligent homicide as described in ORS 163.145 as crime category 9 of the sentencing guidelines grid of the commission if: (1) The manslaughter or criminally negligent homicide resulted from the operation of a motor vehicle; and […]
Section 163.005 – Criminal homicide.
(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being. (2) “Criminal homicide” is murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide. (3) “Human being” means a person who has been born and was alive at the […]
Section 163.095 – “Aggravated murder” defined.
As used in ORS 163.105 and this section, “aggravated murder” means: (1) Criminal homicide of two or more persons that is premeditated and committed intentionally and with the intent to: (a) Intimidate, injure or coerce a civilian population; (b) Influence the policy of a government by intimidation or coercion; or (c) Affect the conduct of […]