ORS 163.145¹
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 (Exceptions to criminal mistreatment) 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 (Order setting aside conviction or record of criminal charge). 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

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.” ...”
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