The most serious form of homicide in the state of Oregon is murder. Many states divide the severity of the crime into first- and second-degree murder laws, but in Oregon, there is only murder and aggravated murder. Aggravated murder carries heavier penalties and includes murder in addition something extra which makes it a more serious crime.
An example of murder in Oregon is killing another person while committing a violent crime such as arson or rape. An example of aggravated murder, on the other hand, is killing another person while committing arson and the murderer has a prior conviction for murder or manslaughter. The following is a brief summary of Oregon's murder laws.
Oregon Murder Laws:
The following table outlines murder laws in Oregon.
|Code Sections||OR. REV. STAT. §§ 163.115, 163.095|
Murder consists of causing the death of another person while committing, attempting to commit, acting in furtherance, or fleeing from any of the following crimes:
Aggravated murder consists of murder (see above) in addition to any of the following:
The person, without duress or deception, was causing or aiding the person to commit suicide. (The defendant may still be charged with manslaughter or any other crime.)
The person was under the influence of an extreme emotional disturbance. (The person may still be charged with manslaughter.)
If the victim was a dependent person at least 18 years of age and died as a result of spiritual care or treatment pursuant to the dependent person or guardian's religion, then there is no murder through neglect or maltreatment.
Murder is punishable by life imprisonment if the person was at least 15 years of age when the murder was committed. The minimum term for life imprisonment is 25 years, at which point the prisoner can petition for a hearing on the likelihood of rehabilitation within a reasonable amount of time. A favorable finding can lead to early prison release.
Aggravated murder and murder of a pregnant victim with knowledge of the pregnancy s punishable by death, life imprisonment without parole or life imprisonment. The minimum term for life imprisonment is 30 years, at which time the prisoner can petition for a hearing on the likelihood of rehabilitation within a reasonable amount of time.
Oregon Murder Laws: Related Resources
If you are in need of legal assistance, you may want to contact an Oregon criminal defense attorney. You may also want to visit Findlaw's sections on Oregon Capital Punishment Laws for more information on the death penalty in Oregon. You can also visit Findlaw's sections on First Degree Murder Overview, First Degree Murder Penalties and Sentencing, Second Degree Murder Overview, and Second Degree Penalties and Sentencing for more general information on this topic.
Contact a qualified attorney.