163.118 Manslaughter in the first degree. (1) Criminal homicide constitutes manslaughter in the first degree when:
(a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;
(b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in ORS 163.135, which constitutes a mitigating circumstance reducing the homicide that would otherwise be murder to manslaughter in the first degree and need not be proved in any prosecution;
(c) A person recklessly causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:
(A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or
(B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115; or
(d) It is committed recklessly or with criminal negligence by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and:
(A) In the 10 years prior to the date of the current offense the person has been convicted of at least three of any of the following offenses in any combination:
(i) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction;
(ii) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicants or any combination thereof; or
(iii) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163 — Offenses Against Persons
2025 EDITION
OFFENSES AGAINST PERSONS
CRIMES AND PUNISHMENTS
HOMICIDE
ASSAULT AND RELATED OFFENSES
KIDNAPPING AND RELATED OFFENSES
COERCION
SEXUAL OFFENSES
OFFENSES AGAINST FAMILY
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
INVASION OF PRIVACY
MISCELLANEOUS
STALKING
SEXUAL ABUSE RESTRAINING ORDERS
HOMICIDE
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Stable record: oregon_criminal_law:legal_authorities:163.118 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 02c8b8dd3e68e35c0d4dde9299265db0de7390c4f72b973a1775f4db96382e37 Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.118 (all printed versions and notes)
Stored source content
163.118 Manslaughter in the first degree. (1) Criminal homicide constitutes manslaughter in the first degree when:
(a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;
(b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in ORS 163.135, which constitutes a mitigating circumstance reducing the homicide that would otherwise be murder to manslaughter in the first degree and need not be proved in any prosecution;
(c) A person recklessly causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:
(A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or
(B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115; or
(d) It is committed recklessly or with criminal negligence by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and:
(A) In the 10 years prior to the date of the current offense the person has been convicted of at least three of any of the following offenses in any combination:
(i) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction;
(ii) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicants or any combination thereof; or
(iii) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content; or
(B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
(ii) The victim’s serious physical injury in the previous conviction was caused by the person driving a motor vehicle.
(2) The previous convictions to which subsection (1)(d)(B) of this section applies are:
(a) Assault in the first degree under ORS 163.185;
(b) Assault in the second degree under ORS 163.175; or
(c) Assault in the third degree under ORS 163.165.
(3) Manslaughter in the first degree is a Class A felony.
(4) It is an affirmative defense to a charge of violating:
(a) Subsection (1)(c)(B) of this section that the victim was a dependent person who was at least 18 years of age and was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the dependent person or the guardian of the dependent person.
(b) Subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.
(5) As used in this section, “intoxicant” has the meaning given that term in ORS 801.321. [1975 c.577 §2; 1981 c.873 §6; 1997 c.850 §3; 2007 c.867 §2; 2011 c.291 §2; 2021 c.480 §4; 2023 c.498 §23]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
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 crime the person is committing or attempting to commit, or during the immediate flight therefrom, the person, or another participant if there be any, causes the death of a person other than one of the participants:
(A) Arson in the first degree as defined in ORS 164.325;
(B) Criminal mischief in the first degree by means of an explosive as defined in ORS 164.365;
(C) Burglary in the first degree as defined in ORS 164.225;
(D) Escape in the first degree as defined in ORS 162.165;
(E) Kidnapping in the second degree as defined in ORS 163.225;
(F) Kidnapping in the first degree as defined in ORS 163.235;
(G) Robbery in the first degree as defined in ORS 164.415;
(H) Any felony sexual offense in the first degree defined in this chapter;
(I) Compelling prostitution as defined in ORS 167.017; or
(J) Assault in the first degree, as defined in ORS 163.185, and the victim is under 14 years of age, or assault in the second degree, as defined in ORS 163.175 (1)(a) or (b), and the victim is under 14 years of age; or
(c) By abuse when a person, recklessly under circumstances manifesting extreme indifference to the value of human life, cau
163.135 Extreme emotional disturbance as affirmative defense to murder in the second degree; notice of expert testimony; right of state to psychiatric or psychological examination. (1) It is an affirmative defense to murder in the second degree for purposes of ORS 163.115 (1)(a) that the homicide was committed under the influence of extreme emotional disturbance if the disturbance is not the result of the person’s own intentional, knowing, reckless or criminally negligent act and if there is a reasonable explanation for the disturbance. The reasonableness of the explanation for the disturbance must be determined from the standpoint of an ordinary person in the actor’s situation under the circumstances that the actor reasonably believed them to be. Extreme emotional disturbance does not constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.
(2)(a) The defendant may not introduce in the defendant’s case in chief expert testimony regarding extreme emotional disturbance under this section unless the defendant gives notice of the defendant’s intent to do so.
(b) The notice required must be in writing and must be filed at the time the defendant pleads not guilty. The defendant may file the notice at any time after the defendant pleads but before trial if the court determines that there was just cause for failure to file the notice at the time of the defendant’s plea.
(c) If the defendant fails to file notice, the defendant may not introduce evidence for the purpose of proving extreme emotional disturbance under ORS 163.115 unless the court, in its discretion, determines that there was just cause for failure to file notice.
(3) After the defendant files notice as provided in subsection (2) of this sectio
163.165 Assault in the third degree. (1) A person commits the crime of assault in the third degree if the person:
(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;
(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;
(c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;
(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, “public transit vehicle” has the meaning given that term in ORS 166.116;
(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;
(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;
(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025, while the emergency medical services provider is performing official duties;
(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger;
(i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi; or
(j) Intentionally, knowingly or recklessly causes physical injury to a flagger or a highway worker w
163.175 Assault in the second degree. (1) A person commits the crime of assault in the second degree if the person:
(a) Intentionally or knowingly causes serious physical injury to another;
(b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or
(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.
(2) Assault in the second degree is a Class B felony. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]
163.185 Assault in the first degree. (1) A person commits the crime of assault in the first degree if the person:
(a) Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;
(b) Intentionally or knowingly causes serious physical injury to a child under six years of age;
(c) Violates ORS 163.175 knowing that the victim is pregnant; or
(d) Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 and:
(A) In the 10 years prior to the date of the current offense the person has been convicted of at least three of any of the following offenses in any combination:
(i) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction;
(ii) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicants or any combination thereof; or
(iii) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content; or
(B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
(ii) The victim’s death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.
(2) The previous convictions to which subsection (1)(d)(B) of this section apply are:
(a) Manslaughter in the first degree under ORS 163.118;
(b) Manslaughter in the second degree under ORS 163.125;
163.205 Criminal mistreatment in the first degree. (1) A person commits the crime of criminal mistreatment in the first degree if:
(a) The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or
(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:
(A) Causes physical injury or injuries to the dependent person or elderly person;
(B) Deserts the dependent person or elderly person in a place with the intent to abandon that person;
(C) Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;
(D) Hides the dependent person’s or elderly person’s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person’s responsibility;
(E) Takes charge of a dependent or elderly person for the purpose of fraud;
(F) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises:
(i) Where a cannabinoid extract as defined in ORS 475C.009 is being processed; and
(ii) That have not been licensed under ORS 475C.085; or
(G) Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in
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 jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder as defined in ORS 163.095, murder in the first degree under this section, murder in the second degree as defined in ORS 163.115 or manslaughter in the first degree as defined in ORS 163.118.
(d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505.
(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.
(f) The victim of the intentional homicide was a person under the age of 14 years.
(g) The victim was one of the following and the murder was related to the performance of the victim’s official duties in the justice system:
(A) A police officer as defined in ORS 181A.355;
(B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons;
(C) A member of the Oregon State Police;
(D) A judicial officer as defined in ORS 1.210;
(E) A juror or witness in a criminal proceeding;
(F) An employee or officer of a court of justice;
(G) A member of the State Board of Parole and P
163.149 Aggravated vehicular homicide. (1) Criminal homicide constitutes aggravated vehicular homicide when it is committed with criminal negligence, recklessly or recklessly under circumstances manifesting extreme indifference to the value of human life by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and:
(a) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
(b) The victim’s death in the previous conviction was caused by the person driving a motor vehicle.
(2) The previous convictions to which subsection (1) of this section applies are:
(a) Manslaughter in the first degree under ORS 163.118;
(b) Manslaughter in the second degree under ORS 163.125; or
(c) Criminally negligent homicide under ORS 163.145.
(3) It is an affirmative defense to a prosecution under this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.
(4) Aggravated vehicular homicide is a Class A felony. [2007 c.867 §1]
Note: 163.149 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
163.707 Forfeiture of motor vehicle used in drive-by shooting. (1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture.
(2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A.
(3) As used in this section, “drive-by shooting” means discharge of a firearm from a motor vehicle while committing or attempting to commit:
(a) Aggravated murder under ORS 163.095;
(b) Murder in any degree under ORS 163.107 or 163.115;
(c) Manslaughter in any degree under ORS 163.118 or 163.125;
(d) Assault in any degree under ORS 163.160, 163.165, 163.175 or 163.185;
(e) Menacing under ORS 163.190;
(f) Recklessly endangering another person under ORS 163.195;
(g) Assaulting a public safety officer under ORS 163.208; or
(h) A bias crime in any degree under ORS 166.155 or 166.165. [1999 c.870 §1; 2009 c.78 §57; 2019 c.553 §14; 2019 c.635 §20]
Note: 163.707 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.