Offenses Against Persons

ORS 163.125
Manslaughter in the second degree


(1)

Criminal homicide constitutes manslaughter in the second degree when:

(a)

It is committed recklessly;

(b)

A person intentionally causes or aids another person to commit suicide; or

(c)

A person, with criminal negligence, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205 (Criminal mistreatment in the first degree), 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 (Murder in the second degree).

(2)

Manslaughter in the second degree is a Class B felony. [1971 c.743 §89; 1975 c.577 §3; 1997 c.850 §4; 1999 c.954 §1]

Notes of Decisions

Where defendant's sole contribution to death of victim is participation in reckless activity mutually agreed upon, defendant's participation is not cause of victim's death. State v. Petersen, 270 Or 166, 526 P2d 1008 (1974)

One cannot "attempt" a crime involving an element of recklessness. State v. Smith, 21 Or App 270, 534 P2d 1180 (1975), Sup Ct review denied

The trial court was correct in using the customary meaning of "extreme emotional disturbance." State v. Akridge, 23 Or App 633, 543 P2d 1073 (1975)

The issue of whether the injuries which caused the death of the victim constituted substantial and unjustified risk within this section was properly submitted to the jury. State v. Pruett, 24 Or App 555, 546 P2d 475 (1976)

Where defendant, charged and convicted of murder, requested instruction on "partial responsibility" defense as to ORS 163.118 or this section, proof of intent was not required for conviction of lesser included manslaughter offenses and requested instruction was properly refused. State v. Armstrong, 38 Or App 219, 589 P2d 1174 (1979), Sup Ct review denied

A court may not prohibit the admission of blood tests performed by an individual who does not possess permit from Health Division in prosecutions under this section when evidence is otherwise competent and relevant. State v. Heintz, 286 Or 239, 594 P2d 385 (1979)

Vehicular homicide involving intoxication is punishable as manslaughter. State v. Corpuz, 49 Or App 811, 621 P2d 604 (1980)

§§ 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