Murder

OFFENSES AGAINST PERSONS (HOMICIDE AND MURDER) – OREGON

General Statement

A conviction of manslaughter, homicide, or murder carries with it the most severe sentencing structure with mandatory terms: life imprisonment, life imprisonment without the possibility of early release or parole, or the death penalty. An attorney will protect your rights, vigorously represent you, and give you all the information you need to make the best decisions for yourself and to help you understand the process.

Criminal Homicide (ORS 163.005)

  • A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly, or criminal negligence causes the death of another human being (someone who was born and alive at the time of the criminal act).
  • Criminal homicide is
    • Murder
    • Manslaughter
    • Criminally negligent homicide

Aggravated Murder (ORS 163.095)

  • Murder as defined in ORS 163.115) which is committed under, pr accompanied by, any of the following circumstances:
    • The defendant solicited or committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder
    • 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
    • The defendant committed murder after having been convicted previously in any jurisdiction of any murder as defined in ORS 163.115 or manslaughter in the 1st degree
    • There was more than one murder victim in the same criminal episode (as defined in ORS 131.505)
    • The homicide occurred in the course of the or as a result of intentional maiming or torture of the victim
    • The victim of the intentional homicide was under the age of 14 year
  • 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 police officer (as defined in ORS 181.610);
    • A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons;
    • A member of the Oregon State Police;
    • A judicial officer
    • A juror or witness in a criminal proceeding
    • An employee or officer of a court of justice; or
    • A member of the State Board of Parole and Post-Prison Supervision
  • The defendant was confined in a state, country, or municipal penal or correctional facility or was otherwise in custody when the murder occurred
  • The defendant committed murder by means of an explosive
  • The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of the crime
  • The murder was committed after the defendant has escaped from a state, county or municipal penal or correctional facility and before the defendant has been returned to the custody of the facility

Sentencing for Aggravated Murder (ORS 163.105)

  • Upon conviction, a defendant shall be sentenced to death, life in imprisonment without possibility of release or parole, or life imprisonment
  • 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.
    • The State Board of Parole and Post-Prison supervision may not parole the prisoner nor reduce the period of confinement in any manner whatsoever.
    • The Department of Corrections or any executive official may not permit the prisoner to participate in any sort of release or furlough program
    • If sentenced to life imprisonment, the court shall order that the defendant shall be confined for a minimum of 30 years without the possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp

Murder (ORS 163.115)

  • Criminal homicide constitutes murder:
    • 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 extreme emotional disturbance;
    • When it was 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 the crime or flight from the crime, the person or another participant causes the death of a person other than one of the participants:
      • Arson, 1st degree (ORS 164.325)
      • Criminal mischief by means of an explosive, 1st degree (ORS 164.365)
      • Burglary, 1st degree (ORS 164.225)
      • Escape, 1st degree (ORS 162.165)
      • Kidnapping, 2nd degree (ORS 163.225)
      • Kidnapping, 1st degree (ORS163.235)
      • Robbery, 1st degree (ORS 164.415)
      • Any felony sexual offense, 1st degree (ORS chapter 163)
      • Compelling prostitution (ORS 167.017)
      • Assault, 1st degree (ORS 163.185) and the victim is under 14 years of age, or assault in the 2nd degree (ORS 163.175 (1)(a) or (b)), and the victim is under 14 years of age
    • By abuse when a person, recklessly under circumstances manifesting extreme indifference to the value of human life, causes the death of a child under 14 years of age or a dependent person (as defined in ORS 163.205), and:
      • 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
      • The person cause death by neglect or maltreatment

Sentencing for Murder of a Pregnant Victim (ORS 163.155)

  • When a defendant, who is at least 15 years of age at the time of committing the murder, is convicted of murdering a pregnant victim and the defendant knew the victim was pregnant, the defendant shall be sentenced to life imprisonment without the possibility of release or parole or to life imprisonment

Affirmative Defense to Murder (ORS 163.115)

  • It is an affirmative defense to a charge murder if the defendant:
    • Was not the only participant in the crime;
    • Did not commit the homicidal act or in any way solicit, request, demand, cause, or aid in the homicide;
    • Was not armed with a dangerous or deadly weapon;
    • Had no reasonable ground to believe that any other participant was armed with a dangerous or deadly weapon; and
    • Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death

Causing or Aiding Suicide: Defense (ORS 163.117)

  • 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

Manslaughter, 1st Degree (ORS 163.118)

  • Class A felony
  • Criminal homicide constitutes manslaughter in the first degree when:
    • It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;
    • It is committed intentionally by a defendant under the influence of extreme emotional disturbance, reducing the homicide that would otherwise be murder to manslaughter in the first degree
    • A person recklessly causes the death of a child under 14 years of age or a dependent person, and:
      • 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
      • The person causes the death by neglect or maltreatment
    • It is committed recklessly or with criminal negligence by a person operating a motor vehicle while under the influence of intoxicants and:
      • The person as at least three previous convictions for driving while under the influence of intoxicants within the ten years prior
      • The person has a previous conviction for any of the following crimes:
        • Assault in the 1st, 2nd, or 3rd degree, and
        • The victim’s serious physical injury in the previous conviction was caused by the person driving a motor vehicle

Manslaughter, 2nd Degree (ORS 163.125)

  • Class B felony
  • Criminal homicide constitutes manslaughter in the 2nd degree when:
    • It is committed recklessly;
    • A person intentionally causes or aids another person to commit suicide or
    • A person, with criminal negligence, causes the death of a child under 14 years of age or a dependent, and:
      • 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
      • The person causes the death by neglect or maltreatment

Criminally Negligent Homicide (ORS 163.145)

  • Class B felony
  • A person commits the crime of criminally negligent homicide when, with criminal negligence, the person causes the death of another person.

Aggravated Vehicular Homicide (ORS 163.149)

  • Class A felony
  • 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 under the influence of intoxicants, and
  • The person has a previous conviction for any of the following crimes:
    • Manslaughter in the 1st or 2nd degree; or
    • Criminally negligent homicide
  • Potential Sentencing
    • Life imprisonment;
    • Life imprisonment without the possibility of release or parole; or
    • Death
  • Issues the Jury considers when sentencing
    • Whether the conduct of the defendant that caused the death of the deceased was committed deliberately and with the reasonable expectation that death of the deceased or another would result;
    • Whether there is probability that the defendant would commit criminal acts of violence that would constitute a continuing threat to society
    • Whether the conduct of the defendant in killing the deceased was unreasonable in response to the provocation, if any, by the deceased; and
    • Whether the defendant should receive the death penalty

HOMICIDE – WASHINGTON STATE

General Statement

A conviction of manslaughter, homicide, or murder carries with it the most severe sentencing structure with mandatory terms: life imprisonment, life imprisonment without the possibility of early release or parole, or the death penalty. An attorney will protect your rights, vigorously represent you, and give you all the information you need to make the best decisions for yourself and to help you understand the process.

Homicide Defined (RCW 9A.32.010)

Homicide is the killing of a human being by the act, procurement, or omission of another, death occurring at any time, and is either:

  • Murder
  • Homicide by abuse
  • Manslaughter
  • Excusable homicide
  • Justifiable homicide

Murder, 1st Degree (RCW 9A.32.030)

  • Class A felony
  • Sentence: Life imprisonment
  • A person is guilty of murder in the first degree when:
    • With a premeditated intent to cause the death of another person, he or she causes the death of such person or of a third person; or
    • Under circumstances manifesting an extreme indifference to human life, he or she engages in conduct which creates a grave risk of death to any person, and thereby causes the death of a person; or
    • He or she commits or attempts to commit a crime (see below) and in the course of or in the furtherance of such a crime or in the immediate flight there from, he or she, or another participant, causes the death of a person other than one of the participants:
      • Robbery, 1st or 2nd degree,
      • Burglary, 1st degree,
      • Arson, 1st or 2nd degree,
      • Kidnapping, 1st or 2nd degree

Defenses to Murder, 1st Degree (RCW 9A.32. 030)

  • If the defendant was not the only participant and the defendant:
    • Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
    • Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
    • Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
    • Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury

Murder, 2nd Degree (RCW 9A.32.050)

  • Class A felony
  • A person is guilty of murder in the second degree when:
    • With intent to cause the death of another person but without premeditation, he or she causes the death of such person or of a third person; or
    • He or she commits or attempts to commit any felony, including assault, other than those enumerated in RCW 9A.32.030 (see above), and, in the course of and in furtherance of such crime or in the immediate flight there from, he or she, or another participant, causes the death of a person other than one of the participants

Murder, 2nd Degree-Defense (RCW 9A.32.050)

  • If the defendant was not the only participant and the defendant:
    • Did not commit the homicidal act or in any way solicit, request, command, importune, cause, or aid the commission thereof; and
    • Was not armed with a deadly weapon, or any instrument, article, or substance readily capable of causing death or serious physical injury; and
    • Had no reasonable grounds to believe that any other participant was armed with such a weapon, instrument, article, or substance; and
    • Had no reasonable grounds to believe that any other participant intended to engage in conduct likely to result in death or serious physical injury

Homicide by Abuse (RCW 9A. 32. 055)

  • Class A felony
  • A person is guilty of homicide by abuse if, under circumstances manifesting an extreme indifference to human life, the person causes the death of a child or person under sixteen years of age, a developmentally disabled person, or a dependent adult, and the person has previously engaged in a pattern or practice of assault or torture of said child, person under sixteen years of age, developmentally disabled person, or dependent person.

Manslaughter, 1st Degree (RCW 9A.32.060)

  • Class A felony
  • A person is guilty of manslaughter in the second degree when:
    • He recklessly causes the death of another person; or
    • He intentionally and unlawfully kills an unborn quick child by inflicting an injury upon the mother of such child

Manslaughter, 2nd Degree (RCW 9A.32.070)

  • Class B felony
  • A person is guilty of manslaughter in the second degree when, with criminal negligence, he causes the death of another person

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