Oregon Revised Statutes Chapter 163 § 163.118 — Manslaughter in the first degree

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]