Oregon Manslaughter Laws

Many states divide the crime of manslaughter between voluntary and involuntary manslaughter, but in Oregon, manslaughter laws are divided by categories based upon thing such as whether the killing was reckless or negligent or had an "aggravating" factor such as a prior history of manslaughter. The following article is a brief summary of Oregon's manslaughter laws.

Oregon Manslaughter Laws:

The following table outlines manslaughter laws in Oregon.

Code Sections OR. REV. STAT. §§ 163.118, 163.125, 163.145, and 163.149
What’s Prohibited?

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

Penalties

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.

Defenses

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.

Oregon Involuntary Manslaughter Laws: Related Resources

If you find yourself facing a manslaughter charge and would like help, you may want to contact an Oregon criminal defense attorney . For general information on this topic, you can visit Findlaw's sections on Involuntary Manslaughter Overview, Involuntary Manslaughter Penalties and Sentencing, Voluntary Manslaughter Overview, and Voluntary Manslaughter Penalties and Sentencing.

Next Steps: Search for a Local Attorney

Contact a qualified attorney.