Oregon Manslaughter Laws

First-degree manslaughter consists of any of the following:

• Recklessly causing another person's death in a way that shows extreme indifference to the value of human life
• Committing murder under extreme emotional disturbance (a.k.a. murder with a "crime of passion" defense)
• Recklessly causing the death of a child under 14 years of age or dependent person through neglect or maltreatment
• Recklessly causing the death of a child under 14 years of age or dependent person and having a prior history of assault or torture to the same victim, another child under 14 years of age, or another dependent person
• Recklessly or with criminal negligence, causing the death of a person while operating a motor vehicle under the influence of intoxicants and with at least three prior convictions for driving under the influence within 10 years prior to the current offense or a prior assault conviction (first, second, or third degree)

Second-degree manslaughter consists of any of the following:

• Recklessly causing the death of a person
• Intentionally causing or aiding another person to commit suicide
• Causing the death of a child under 14 years of age or a dependent person with criminal negligence through neglect or maltreatment
• Causing the death of a child under 14 years of age or dependent person through criminal negligence and with a prior incidence of assault or torture of the same victim, another child under 14 years of age, or another dependent person

Criminally negligent homicide: causing the death of another person with criminal negligence

Aggravated vehicular homicide: recklessly or with criminal negligence, causing the death of another person while operating a motor vehicle under the influence of intoxicants and with a prior conviction of first or second degree manslaughter or criminally negligent homicide

First-degree manslaughter and aggravated vehicular homicide are Class A felonies punishable by up to 20 years in prison and up to $375,000 in fines.

Second-degree manslaughter and criminally negligent homicide are Class B felonies punishable by up to 10 years in prison and up to $250,000 in fines.

It is a defense to first-degree manslaughter if the death by neglect or maltreatment was of a dependent person at least 18 years of age who was under only spiritual care or treatment according to the dependent person or guardian's religion.

It is a defense to first-degree manslaughter by motor vehicle while under the influence of intoxicants if the person was not under the influence of intoxicants at the time of the prior assault conviction.