ORS 163.125¹
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 (Manslaughter in the first degree) 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)

Law Review Cita­tions

51 OLR 459-493 (1972)

Chapter 163

Law Review Cita­tions

51 OLR 427-637 (1972)

  • Clackamas Review / Matthew Graham, Dec 8, 2009
    “... The Beagleys de­fense argues that even if the state is right in asserting that parents have a duty to provide medical care to a child, Oregon law does not state that it is an ex­plic­it characteristic of crim­i­nally neg­li­gent hom­i­cide. In their mo­tions, de­fense attorneys for the two point to other statutes concerning mur­der and sec­ond-de­gree manslaughter, which ex­plic­itly say can be caused by “neglect or maltreat­ment.” ...”
  • Laura Orr / Oregon Legal Research, Jun 22, 2009
    “Recent stories in the newspapers keep saying, “a 1999 statute” changed the law in Oregon [about religion as a de­fense when parents withhold medical treat­ment from their child] without otherwise identifying WHICH statute...”
1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information