Chapter 163 — Chapter 163
199 sections in this chapter.
ORS 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
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(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 time of the criminal act. [1971 c.743 §87; 2007 c.867 §4]
ORS 163.010 [Amended by 1963 c.625 §4; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.020 [Amended by 1963 c.625; §5; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.030 [Repealed by 1963 c.431 §1]
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[Repealed or reserved.]
ORS 163.040 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.050 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.060 [Repealed by 1969 c.684 §17]
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[Repealed or reserved.]
ORS 163.070 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.080 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.090 [Amended by 1953 c.676 §2; repealed by 1957 c.396 §1 (163.091 enacted in lieu of 163.090)]
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[Repealed or reserved.]
ORS 163.091 [1957 c.396 §2 (enacted in lieu of 163.090); repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.095 “Aggravated murder” defined. As used in ORS 163.105 and this section, “aggravated murder” means
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(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 a gover…
ORS 163.098 [2014 c.73 §5; 2019 c.635 §17; renumbered 163.109 in 2019]
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[Repealed or reserved.]
ORS 163.100 [Amended by 1967 c.372 §12; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.103 [1981 c.873 §3; 2019 c.635 §18; renumbered 163.111 in 2019]
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[Repealed or reserved.]
ORS 163.105 Sentencing options for aggravated murder. Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490
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(1)(a) Except as otherwise provided in ORS 137.707, when a defendant is convicted of aggravated murder as defined by ORS 163.095, the defendant shall be sentenced, pursuant to ORS 163.150, to death, life imprisonment without the possibility of release or parole or life imprisonme…
ORS 163.107 Murder in the first degree; sentence of life imprisonment required; minimum term. (1) “Murder in the first degree” means murder in the second degree as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances
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(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder. (b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for comm…
ORS 163.109 Alternative proof of certain victims of murder in the first degree. Notwithstanding ORS 163.107, when an element of a crime charged is that the victim of the crime is a police officer as defined in ORS 181A.355 and the crime was related to the officer’s performance of official duties, the state may alternatively prove that the victim of the crime is a certified reserve officer or a reserve officer, as those terms are defined in ORS 181A.355, and the crime was related to the officer’s performance of official duties. [Formerly 163.098]
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Note: 163.109 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 163.110 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.111 Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree. (1) In a prosecution for murder in the first degree under ORS 163.107 (1)(c), the state shall plead the previous conviction, and shall prove the previous conviction unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and the trial is by jury
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(a) The court shall accept the stipulation regardless of whether or not the state agrees to it; (b) The defendant’s stipulation to the previous conviction constitutes a judicial admission to that element of the accusatory instrument. The stipulation shall be made a part of the re…
ORS 163.115 Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term. (1) Except as provided in ORS 163.095, 163.118 and 163.125, criminal homicide constitutes murder in the second degree
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(a) When it is committed intentionally, except that it is an affirmative defense that, at the time of the homicide, the defendant was under the influence of an extreme emotional disturbance; (b) When it is committed by a person, acting either alone or with one or more persons, wh…
ORS 163.116 [1979 c.2 §3; repealed by 1981 c.873 §9]
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[Repealed or reserved.]
ORS 163.117 Causing or aiding suicide as defense to charge of murder. It is a defense to a charge of murder 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 shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter or any other crime. [1981 c.873 §8]
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[Repealed or reserved.]
ORS 163.118 Manslaughter in the first degree. (1) Criminal homicide constitutes manslaughter in the first degree when
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(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 circums…
ORS 163.120 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.125 Manslaughter in the second degree. (1) Criminal homicide constitutes manslaughter in the second degree when
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(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: (A) The person has previ…
ORS 163.130 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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 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, manslaughter in the first degree or any other crime
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(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 a…
ORS 163.140 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(2) Criminally negligent homicide is a Class B felony. [1971 c.743 §91; 2003 c.815 §2]
ORS 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
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(1) The manslaughter or criminally negligent homicide resulted from the operation of a motor vehicle; and (2) The driver of the motor vehicle was driving while under the influence of intoxicants. [2003 c.815 §1] Note: 163.147 was enacted into law by the Legislative Assembly but w…
ORS 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
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(a) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and (b) The victim’s death in the previous conviction was caused by the person driving a motor vehicle. (2) The previou…
ORS 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 parole, as described in ORS 163.105 (1)(b), or death. The proceeding shall be conducted in the trial court before the trial jury as soon as practicable. If a juror for any reason is unable to perform the function of a juror, the juror shall be dismissed from the sentencing proceeding. The court shall cause to be drawn the name of one of the alternate jurors, who shall then become a member of the jury for the sentencing proceeding notwithstanding the fact that the alternate juror did not deliberate on the issue of guilt. If the defendant has pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose. In the proceeding, evidence may be presented as to any matter that the court deems relevant to sentence including, but not limited to, victim impact evidence relating to the personal characteristics of the victim or the impact of the crime on the victim’s family and any aggravating or mitigating evidence relevant to the issue in paragraph (b)(C) of this subsection; however, neither the state nor the defendant shall be allowed to introduce repetitive evidence that has previously been offered and received during the trial on the issue of guilt. The court shall instruct the jury that all evidence previously offered and received may be considered for purposes of the sentencing hearing. This paragraph shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or of the State of Oregon. The state and the defendant or the counsel of the defendant shall be permitted to present arguments for or against a sentence of death and for or against a sentence of life imprisonment with or without the possibility of release or parole
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(b) Upon the conclusion of the presentation of the evidence, the court shall submit the following issues to the jury: (A) Whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that death of the de…
ORS 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 the person was at least 18 years of age at the time of committing the offense or to life imprisonment. The court shall conduct a sentencing proceeding to determine whether the defendant shall be sentenced to life imprisonment without the possibility of release or parole as described in subsection (4) of this section or to life imprisonment as described in subsection (5) of this section. If the defendant waives all rights to a jury sentencing proceeding, the court shall conduct the sentencing proceeding as the trier of fact. The procedure for the sentencing proceeding, whether before a court or a jury, shall follow the procedure of ORS 163.150 (1)(a), as modified by this section
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(2) Following the presentation of evidence and argument under subsection (1) of this section, the court shall instruct the jury that the trial court shall sentence the defendant to life imprisonment without the possibility of release or parole as described in subsection (4) of th…
ORS 163.160 Assault in the fourth degree. (1) A person commits the crime of assault in the fourth degree if the person
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(a) Intentionally, knowingly or recklessly causes physical injury to another; (b) With criminal negligence causes physical injury to another by means of a deadly weapon; or (c) With criminal negligence causes serious physical injury to another who is a vulnerable user of a public…
ORS 163.165 Assault in the third degree. (1) A person commits the crime of assault in the third degree if the person
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(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon; (b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life; (c) Recklessly causes physical injury to an…
ORS 163.168 Crime category classification for assault in the third degree. The Oregon Criminal Justice Commission shall classify assault in the third degree that is committed under the circumstances described in ORS 163.165 (2)(b) as crime category 8 of the sentencing guidelines grid of the commission. [2009 c.660 §40]
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Note: 163.168 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 163.175 Assault in the second degree. (1) A person commits the crime of assault in the second degree if the person
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(a) Intentionally or knowingly causes serious physical injury to another; (b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or (c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapo…
ORS 163.185 Assault in the first degree. (1) A person commits the crime of assault in the first degree if the person
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(a) Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon; (b) Intentionally or knowingly causes serious physical injury to a child under six years of age; (c) Violates ORS 163.175 knowing that the victim is pregnant; or (d) Intentionall…
ORS 163.187 Strangulation. (1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by
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(a) Applying pressure on the throat, neck or chest of the other person; or (b) Blocking the nose or mouth of the other person. (2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief. (3) Strangula…
ORS 163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury
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(2) Menacing is a Class A misdemeanor. (3) If a person is convicted of menacing constituting domestic violence as an element of the crime as described ORS 132.586, the court shall ensure that the judgment document reflects that the conviction constitutes domestic violence. [1971 …
ORS 163.191 Intimidation by display of a noose. (1) A person commits the crime of intimidation by display of a noose if
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(a) The person, with the intent to intimidate another person or place another person in fear of imminent bodily harm, knowingly places a noose: (A) On public property; or (B) On private property without the written consent of the property owner; (b) The other person is intimidate…
ORS 163.192 Endangering a person protected by a Family Abuse Prevention Act restraining order. (1) A person commits the crime of endangering a person protected by a Family Abuse Prevention Act restraining order if the person
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(a) Has been served with the order as provided in ORS 107.718, unless service was waived under ORS 107.720 because the person appeared before the court; (b) Intentionally engaged in conduct prohibited by the order while the order was in effect; and (c) By engaging in the prohibit…
ORS 163.193 Assisting another person to commit suicide. (1) A person commits the crime of assisting another person to commit suicide if the person 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
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(2) This section does not apply to a person: (a) Acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663; (b) Withholding or withdrawing life-sustaining p…
ORS 163.195 Recklessly endangering another person. (1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person
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(2) Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 §96]
ORS 163.196 Aggravated driving while suspended or revoked. (1) A person commits the crime of aggravated driving while suspended or revoked if the person operates a motor vehicle that causes serious physical injury to, or the death of, another person while knowingly violating ORS 811.175 or 811.182, if the suspension or revocation resulted from, or if the hardship permit violated is based upon a suspension or revocation that resulted from, a conviction for a criminal offense involving the use of a motor vehicle
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(2) Aggravated driving while suspended or revoked is a Class C felony. (3) The Oregon Criminal Justice Commission shall classify aggravated driving while suspended or revoked as crime category 7 of the sentencing guidelines grid of the commission. [2009 c.783 §5; 2018 c.76 §3] No…
ORS 163.197 Hazing. (1) A student organization or a member of a student organization commits the offense of hazing if, as a condition or precondition of attaining membership in the organization or of attaining any office or status in the organization, the organization or member intentionally hazes any member, potential member or person pledged to be a member of the organization
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(2)(a) A student organization that violates subsection (1) of this section commits a Class A violation. (b) A member of a student organization who personally violates subsection (1) of this section commits a Class B violation. (3) Consent of the person who is hazed is not a defen…
ORS 163.200 Criminal mistreatment in the second degree. (1) A person commits the crime of criminal mistreatment in the second degree if, with criminal negligence and
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(a) In violation of a legal duty to provide care for another person, the person withholds necessary and adequate food, physical care or medical attention from that person; or (b) Having assumed the permanent or temporary care, custody or responsibility for the supervision of anot…
ORS 163.205 Criminal mistreatment in the first degree. (1) A person commits the crime of criminal mistreatment in the first degree if
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(a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or …
ORS 163.206 Exceptions to criminal mistreatment. ORS 163.200 and 163.205 do not apply
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(1) To a person acting pursuant to a court order, an advance directive or a form for appointing a health care representative pursuant to ORS 127.505 to 127.660 or a POLST, as defined in ORS 127.663; (2) To a person withholding or withdrawing life-sustaining procedures or artifici…