Oregon Murder Laws

In the eyes of the law, homicide is any killing of a human being by another human being. Intentionally causing the death of another human being without lawful justification (such as self-defense) is criminal homicide.

Oregon classifies criminal homicide as either murder or manslaughter. The state further divides murder into aggravated murder (the equivalent of first-degree murder in other states) and murder (the equivalent of second-degree murder).

In this article, we’ll explain the elements of murder and aggravated murder in Oregon, the potential penalties for these crimes, and possible defenses. If you’re facing criminal charges, especially a serious charge like murder or manslaughter, consult a local criminal defense attorney. They can explain your options based on state law and your unique circumstances.

How Oregon Defines Murder

Under the Oregon Revised Statutes, any unlawful intentional homicide is murder. It does not require the killing to be premeditated. Oregon’s murder statute also covers what’s known as felony murder. This rule allows a person to be charged with murder if they cause the death of another person during the commission of or acting in furtherance of another first-degree felony, including but not limited to:

• Arson
• Burglary
• Kidnapping
• Robbery
• Rape or sexual assault
• Causing the death of a child under 14 years of age, or a dependent person, through abuse, neglect, torture, or other reckless indifference to the value of human life

Aggravated murder is any intentional killing committed under the following circumstances:

• A prior conviction of murder or first-degree manslaughter
• The victim was under 14 years of age
• The victim was a police officer, member of the state board of parole or post-prison supervision board, juror, witness, or other member of the justice system
• Killing by means of an explosive device
• Murder for hire
• The death occurred during the torture of the victim, or as a result of such torture
• A killing committed during an escape

A killing intentionally committed during a felony crime (as opposed to a death which happens during such a crime but not planned by the defendant) is an aggravated murder. For example, if someone robbed a bank and killed a security guard to make their escape, they’ve committed aggravated murder.

Penalties

Oregon has the death penalty on the books, but has maintained a moratorium on executions since 2011. In 2022, Governor Kate Brown commuted the sentences of all 17 people remaining on death row to life without the possibility of parole. Murder is a Class A felony in Oregon. A defendant convicted of murder is punishable by a sentence of life imprisonment, with a minimum term of 25 years before the possibility of parole, work release, or post-prison supervision.

Aggravated murder is punishable by life imprisonment without possibility of parole, or life imprisonment with a minimum term of 30 years before parole, work release, or post-prison supervision. The sentence of life imprisonment with a minimum term of 30 years also applies to the murder of a pregnant victim if the defendant knew or reasonably should have known of the pregnancy.

Possible Defenses

It is an affirmative defense to murder that the defendant was under the influence of “extreme emotional disturbance.” The defendant has the burden of proving the cause of the emotional disturbance. The state may still charge the defendant with criminal homicide or another crime.

A defendant can claim they were aiding the victim to commit suicide, but cannot have acted with fraud, deception, or duress. The defendant may still face charges of criminally negligent homicide or manslaughter. If the victim was a dependent person at least 18 years of age and died of apparent neglect or maltreatment, murder is not a charge if the defendant acted according to spiritual care or treatment according to the dependent person’s religion.

Get Legal Advice From an Oregon Criminal Defense Attorney

Murder is the most serious criminal offense under Oregon law and has the most severe penalties. If you face any serious criminal charges, you should seek immediate legal advice from an Oregon criminal defense attorney. Understanding the state of Oregon’s criminal statutes is essential for developing an effective legal strategy.