ORS  Guide
Homicide
Aggravated murder
ORS > Criminal Code > Homicide > 163.095
*** Measure 11 Crime ***
(1) Criminal homicide of 2 or more people that's premeditated & committed intentionally & with 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 a government through destruction of property, murder, kidnapping or aircraft piracy OR
(2) 163.115 (murder 2) that's':
(a)(A) committed while the defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody AND
(B) committed after the defendant was previously convicted in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder under this section or 163.107 (murder 1)
(b) premeditated & committed intentionally against a person under 14
(c) premeditated, committed intentionally against a police officer, & related to the performance their official duties; or
(d) premeditated, committed intentionally against a correctional, parole & probation officer or other person charged with the duty of custody, control or supervision of convicted persons, and related to their performance of official duties.
Aggravated vehicular homicide
ORS > Criminal Code > Homicide > 163.149
(1) homicide when committed with criminal negligence, recklessly or recklessly under circumstances manifesting extreme indifference to the value of human life by a suspect operating a motor vehicle while under the influence of intoxicants AND:
(a) suspect has a previous conviction for any of the crimes in (2) section, or their statutory counterparts in any jurisdiction AND
(b) The victim's death in the previous conviction was caused by the suspect driving a motor vehicle.
(2) The previous convictions to which (1) applies:
Assisting another person to commit suicide
ORS > Criminal Code > Homicide > 163.193
(1) knowingly sells, or otherwise transfers for consideration, any substance or object, that is capable of causing death, to another person for the purpose of assisting the other person to commit suicide
(2) This section does not apply to a someone:
(a) Acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to 127.505 (Definitions) to 127.660 (Short title) or a POLST
(b) Withholding or withdrawing life-sustaining procedures or artificially administered nutrition and hydration pursuant to 127.505 (Definitions) to 127.660 (Short title) OR
(c) Acting in accordance with the provisions of 127.800 (Definitions) to 127.897 (Form of the request)
Causing or aiding suicide as defense to charge of murder
ORS > Criminal Code > Homicide > 163.117
It's a defense to a murder charge that the defendant's conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Nothing contained in this section constitutes a defense to prosecution for, or preclude a conviction of, manslaughter or any other crime
Criminally negligent homicide
ORS > Criminal Code > Homicide > 163.145
Extreme emotional disturbance as affirmative defense to murder
ORS > Criminal Code > Homicide > 163.135
(1) It is an affirmative defense to 163.115 (murder 2) (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 for the disturbance. The reasonableness of the explanation for the disturbance must be determined from the standpoint of an ordinary person in the actor's situation under the circumstances that the actor reasonably believed them to be. Extreme emotional disturbance does not constitute a defense to a prosecution for, or preclude a conviction of, 163.118 (manslaughter 1) or any other crime...
(2)(a) The defendant may not introduce in the defendant's case in chief expert testimony regarding extreme emotional disturbance under this section unless the defendant gives notice of the defendant's intent to do so
(b) The notice required must be in writing and must be filed at the time the defendant pleads not guilty. The defendant may file the notice at any time after the defendant pleads but before trial if the court determines that there was just cause for failure to file the notice at the time of the defendant's plea
(c) If the defendant fails to file notice, the defendant may not introduce evidence for the purpose of proving extreme emotional disturbance under 163.115 (murder 2) unless the court, in its discretion, determines that there was just cause for failure to file notice
(3) After the defendant files notice as provided in paragraph (2), the state may have at least one psychiatrist or licensed psychologist of its selection examine the defendant in the same manner and subject to the same provisions as provided in 161.315
(4) The discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including but not limited to circumstances in which the victim made a romantic or sexual advance that was unwanted but did not involve force toward the defendant, does not constitute a reasonable explanation for an extreme emotional disturbance under this section
Manslaughter 1
ORS > Criminal Code > Homicide > 163.118
*** Measure 11 Crime ***
(a) committed recklessly under circumstances manifesting extreme indifference to the value of human life
(b) committed intentionally while under the influence of extreme 163.135 (extreme emotional disturbance as affirmative defense to murder) constituting mitigating circumstance reducing a murder to manslaughter 1...
(c) the suspect with recklessly, causes the death of a child under 14 or a dependent person AND:
(A) has previously engaged in a pattern or practice of assault or torture of the victim, another child under 14 or a dependent person OR
(B) causes the death by neglect or maltreatment, as defined in 163.115 (murder 2)
(A) at least 3 prior conviction convictions for DUII, or its counterpart in any jurisdiction, in the 10 years prior to the date of the current offense OR
(B)(i) prior conviction for any crimes described in (2) section, or their statutory counterparts in any jurisdiction AND
(ii) victim's serious physical injury in the previous conviction was caused by the person driving a motor vehicle.
(2) previous convictions to which (1)(d)(B) applies:
Manslaughter 2
ORS > Criminal Code > Homicide > 163.125
*** Measure 11 Crime ***
(a) committed recklessly
(b) the suspect intentionally causes or aids another to commit suicide OR
(c) the suspect with criminal negligence, causes the death of a child under 14 or a dependent person AND:
(A) has previously engaged in a pattern or practice of assault or torture of the victim, another child under 14 or a dependent person OR
(B) causes the death by neglect or maltreatment, as defined in 163.115 (murder 2)
Murder 1
ORS > Criminal Code > Homicide > 163.107
*** Measure 11 Crime ***
(1) 163.115 (murder 2) committed under, or accompanied by:
(a) suspect committed the murder pursuant to an agreement that they receive money or other thing of value for committing the murder.
(b) suspect solicited another to commit the murder & paid or agreed to pay the person money or other thing of value for committing the murder.
(c) suspect committed murder after been convicted anywhere of any homicide, whose elements constitute 163.095 (aggravated murder), 163.107 (murder 1), 163.115 (murder 2) or 163.118 (manslaughter 1)
(d) more than one murder victim in the same criminal episode
(e) the homicide occurred in the course of or as a result of intentional maiming or torture of the victim
(f) the victim was under 14
(g) the victim was one of the following & the murder was related to the performance of the victim's official duties in the justice system:
(B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons
(C) member of the Oregon State Police
(D) judicial officer per 1.210
(E) juror or witness in a criminal proceeding;
(F) employee or officer of a court of justice;
(G) member of the State Board of Parole and Post-Prison Supervision OR
(H) A regulatory specialist [person serving subpoenas]
(h) suspect was confined in a state, county or municipal penal or correctional facility or was otherwise in custody when the murder occurred
(i) suspect committed murder by means of an explosive
(j) suspect personally & intentionally committed the homicide under the circumstances set forth in 163.115 (murder 2) (1)(b)
(k) the murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime.
(l) the murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility & before the defendant had been returned to the custody of the facility.
Murder 2
ORS > Criminal Code > Homicide > 163.115
*** Measure 11 Crime ***
(a) when committed intentionally, with the exception that the time of the homicide, the defendant was under the influence of an extreme emotional disturbance
(b) when committed by a person, acting either alone or with others, who commits or attempts to commit any of the following crimes & during the commission of the crime, its furtherance, or the immediate flight afterwards the person or another participant causes the death of a someone other than any criminal participant:
(H) any felony sexual offense in the first degree defined in ORS 163
(J) 163.185 (assault 1) & the victim is under 14, or 163.175 (assault 2) (1)(a) or (b), & the victim is under 14 OR
(c) by abuse when the suspect, recklessly & under circumstances manifesting extreme indifference to the value of human life, causes the death of a child < 14 or a dependent person AND
(A) the suspect has previously engaged in a pattern or practice of assault or torture of the victim, another child < 14 or a dependent person OR
(B) the suspect causes the death by neglect or maltreatment, as defined in 163.115 (murder 2)
(3) it's an affirmative defense to a charge of violating paragraph (1)(b) that the suspect:
(a) wasn't the only participant in the underlying crime
(b) didn't commit the homicidal act or in any way solicit, request, command, implore, cause or aid in its commission
(c) wasn't armed with a dangerous weapon or a deadly weapon;
(d) had no reasonable ground to believe that any other participant was armed with a dangerous weapon or a deadly weapon AND
(e) had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death.
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