(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) The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010, or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; 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 child or dependent person was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the child or person or the parent or guardian of the child or 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. [1975 c.577 §2; 1981 c.873 §6; 1997 c.850 §3; 2007 c.867 §2]
Section: Previous 163.100 163.103 163.105 163.110 163.115 163.116 163.117 163.118 163.120 163.125 163.130 163.135 163.140 163.145 163.147 NextLast modified: August 7, 2008