Offenses Against Persons

ORS 163.145
Criminally negligent homicide


(1)

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

(2)

Criminally negligent homicide is a Class B felony. [1971 c.743 §91; 2003 c.815 §2]

Notes of Decisions

An indictment is sufficient to state a crime under this section if it alleges that a defendant caused a death by driving in a criminally negligent manner. State v. Allen, 16 Or App 456, 518 P2d 1332 (1974), Sup Ct review denied

In trial of defendant charged with first degree manslaughter, both state and defendant were entitled to request instruction on lesser included offense of negligent homicide. State v. Goldsberry, 30 Or App 1087, 569 P2d 646 (1977), Sup Ct review denied

Where defendant consumed alcohol throughout day and apparently fell asleep at wheel of vehicle causing head-on collision with tree and killing decedent, conduct of defendant constituted proximate cause of decedent's death. State v. Simmons, 34 Or App 929, 580 P2d 564 (1978), Sup Ct review denied

Availability of spiritual treatment defense for criminal mistreatment under ORS 163.206 but not for criminally negligent homicide does not create ambiguity regarding when conduct changes from legal to criminal. State v. Hays, 155 Or App 41, 964 P2d 1042 (1998), Sup Ct review denied; State v. Beagley, 257 Or App 220, 305 P3d 147 (2013)

Classification change by 2003 amendments does not affect eligibility of pre-2003 conviction to be set aside under ORS 137.225. State v. Soreng, 208 Or App 259, 145 P3d 195 (2006)

To commit criminally negligent homicide, person must (1) have legal obligation to provide life-sustaining medical care to child; (2) be capable of providing such care to child; (3) fail to be aware, in manner that grossly deviates from standard of care that reasonable person would observe, that not providing care creates substantial and unjustifiable risk that child will die; and (4) not act, resulting in death of child. State v. Beagley, 257 Or App 220, 305 P3d 147 (2013)

Imposing sanction for negligently withholding life sustaining medical care does not interfere with constitutionally protected religious expression. State v. Beagley, 257 Or App 220, 305 P3d 147 (2013)

For purpose of determining whether manner of driving constituted criminal negligence, standard of care reasonable person would observe is based on conditions actually existing at time. State v. Fruitts, 290 Or App 222, 414 P3d 881 (2018)

Completed Citations

State v. Martinelli, 6 Or App 182, 485 P2d 647 (1971), Sup Ct review denied

§§ 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