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Oregon Criminal Law / Penal Code

Search the Oregon penal-code starter collection: ORS Title 16, Crimes and Punishments. Oregon uses the name Oregon Criminal Code within the Oregon Revised Statutes.

1,304 indexed section records · 9 chapters · Snapshot built 2026-10-08 UTC · Machine extraction unreviewed

1,304 matching snapshot records. 2025 edition snapshot. Printed versions and notes are retained; later amendments and operative text require review.

ORS Chapter 163 · 2025 edition · Machine extracted

ORS 163.095 — “Aggravated murder” defined

163.095 “Aggravated murder” defined. As used in ORS 163.105 and this section, “aggravated murder” means: (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 government through destruction of property, murder, kidnapping or aircraft piracy; or (2) Murder in the second degree, as defined in ORS 163.115, that is: (a)(A) Committed while the defendant was confined in a state, county or municipal penal or correctional facil

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ORS Chapter 163 · 2025 edition · Machine extracted

ORS 163.105 — Sentencing options for aggravated murder

163.105 Sentencing options for aggravated murder. Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490: (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 imprisonment. (b) A person sentenced to life imprisonment without the possibility of release or parole under this section shall not have that sentence suspended, deferred or commuted by any judicial officer, and the State Board of Parole and Post-Pri

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ORS Chapter 163 · 2025 edition · Machine extracted

ORS 163.107 — Murder in the first degree; sentence of life imprisonment required; minimum term

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: (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 committing the murder. (c) The defendant committed murder after having been convicted previously in any jur

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ORS Chapter 163 · 2025 edition · Machine extracted

ORS 163.109 — Alternative proof of certain victims of murder in the first degree

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] Note: 163.109 was enacted into law by the Legislative Assembly but was not added to or made a part of

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ORS Chapter 163 · 2025 edition · Machine extracted

ORS 163.111 — Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree

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: (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 st

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ORS Chapter 163 · 2025 edition · Machine extracted

ORS 163.115 — Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term

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: (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, who commits or attempts to commit any of the following crimes and in the course of and in furtherance of the crim

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ORS 163.117 — Causing or aiding suicide as defense to charge of murder

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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