Felony murder rule (Oregon)

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For the felony murder rule in all U.S. jurisdictions, see felony murder rule.

In the state of Oregon, the common law felony murder rule has been codified in Oregon Revised Statutes § 163.115.[1]

Murder[]

Under § 163.115, anyone in a group or alone that commits or attempts to commit a predicate felony, and in furtherance of the crime or in the immediate flight therefrom causes the death of a person other than one of the participants is guilty of murder. The predicate felonies are:[2]

  • Arson in the first degree
  • Criminal mischief in the first degree by means of an explosive
  • Burglary in the first degree
  • Escape in the first degree
  • Kidnapping in the first or second degree
  • Robbery in the first degree
  • Any felony sexual offense in the first degree
  • Compelling prostitution
  • Assault in the first or second degree against a victim younger than 14

Affirmative defenses[]

§ 163.115(3) provides affirmative defenses to murder under the felony murder rule.[3] It is an affirmative defense that the defendant:

  • Was not the only participant in the underlying crime;
  • Did not commit or solicit the homicidal act;
  • Was not armed by a deadly weapon;
  • Had no reasonable ground to believe that any other participant was armed with a deadly weapon;
  • Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death.

References[]

  1. ^ Oregon Revised Statutes Annotated, § 163.115 (West 2003)
  2. ^ Bonnie, R.J. et al. Criminal Law, Second Edition. Foundation Press, New York: 2004, p. B-33
  3. ^ Bonnie, p. B-33
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