(1) Except as provided in 163.095 (aggravated murder), 163.118 (manslaughter 1) & 163.125 (manslaughter 2), criminal homicide constitutes murder 2

(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:

(A) 164.325 (arson 1)

(B) 164.365 (criminal mischief 1)

(C) 164.225 (burglary 1)

(D) 162.165 (escape 1)

(E) 163.225 (kidnapping 2)

(F) 163.235 (kidnapping 1)

(G) 164.415 (robbery 1)

(H) any felony sexual offense in the first degree defined in ORS 163

(I) 167.017 (prostitution - compelling)

(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.