Offenses Against Persons

ORS 163.005
Criminal homicide


(1)

A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being.

(2)

“Criminal homicide” is murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide.

(3)

“Human being” means a person who has been born and was alive at the time of the criminal act. [1971 c.743 §87; 2007 c.867 §4]

Notes of Decisions

Where defendant is charged with felony murder, culpable mental state for criminal homicide is established by commission of or attempt to commit predicate felony. State v. Blair, 230 Or App 36, 214 P3d 47 (2009), aff'd 348 Or 72, 228 P3d 564 (2010)

For purposes of criminal homicide, to "cause" death of another human refers to factual cause, not legal cause or proximate cause. State v. Turnidge, 359 Or 364, 374 P3d 853 (2016); State v. Fruitts, 290 Or App 222, 414 P3d 881 (2018)

Law Review Citations

51 OLR 590 (1972); 10 WLJ 156 (1974)

§§ 163.005 to 163.145

Law Review Citations

51 OLR 459-493 (1972)

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021