ORS 163.118¹
Manslaughter in the first degree

(1) Criminal homicide constitutes manslaughter in the first degree when:

(a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;

(b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in ORS 163.135 (Extreme emotional disturbance as affirmative defense to murder), which constitutes a mitigating circumstance reducing the homicide that would otherwise be murder to manslaughter in the first degree and need not be proved in any prosecution;

(c) A person recklessly 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); or

(d) It is committed recklessly or with criminal negligence by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:

(A) The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or

(B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and

(ii) The victim’s serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

(2) The previous convictions to which subsection (1)(d)(B) of this section applies are:

(a) Assault in the first degree under ORS 163.185 (Assault in the first degree);

(b) Assault in the second degree under ORS 163.175 (Assault in the second degree); or

(c) Assault in the third degree under ORS 163.165 (Assault in the third degree).

(3) Manslaughter in the first degree is a Class A felony.

(4) It is an affirmative defense to a charge of violating:

(a) Subsection (1)(c)(B) of this section that the child or dependent person was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the child or person or the parent or guardian of the child or person.

(b) Subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction. [1975 c.577 §2; 1981 c.873 §6; 1997 c.850 §3; 2007 c.867 §2]

Notes of Decisions

Under Former Similar Statute (ORS 163.115 (Murder))

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

In General

In trial of defendant charged under this sec­tion, both state and defendant were entitled to instruc­tion on lesser included of­fense of crim­i­nally neg­li­gent hom­i­cide under ORS 163.145 (Criminally negligent homicide). State v. Goldsberry, 30 Or App 1087, 569 P2d 646 (1977), Sup Ct review denied

Where defendant, charged with and convicted of mur­der, requested instruc­tion on "partial responsibility" de­fense as to this sec­tion or ORS 163.125 (Manslaughter in the second degree) (manslaughter), 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

Where there was evidence that victim was instigator of shooting, that he assaulted defendant's girlfriend and defendant's relatives present at the time of shooting and girlfriend testified to extreme fright and concern for small children in vicinity as result of victim's erratic behavior, jury was warranted in not finding the absence of extreme emo­­tion­al dis­tur­bance to have been proven beyond a reasonable doubt as re­quired to convict for at­tempted mur­der and instruc­tion on at­tempted manslaughter was proper. State v. Carson, 292 Or 451, 640 P2d 586 (1982)

Under evidence that defendant was participating in a game of "Russian roulette," his mental state at the time he handed a gun to decedent which discharged and caused decedent's death was vital to manslaughter con­vic­­tion and refusal of trial judge to give requested instruc­tion focusing on this con­duct was error. State v. Van Gorder, 56 Or App 83, 641 P2d 584 (1982), Sup Ct review denied

"Extreme indifference to human life" does not create addi­tional mens rea require­ment. State v. Belcher, 124 Or App 30, 860 P2d 903 (1993), Sup Ct review denied

First de­gree manslaughter is lesser-included of­fense of mur­der. State v. Henry, 138 Or App 286, 907 P2d 1133 (1995)

First de­gree manslaughter is not lesser included of­fense to ag­gra­vat­ed mur­der. State v. Merideth, 149 Or App 164, 942 P2d 803 (1997), Sup Ct review denied

Where defendant is charged with causing death of dependent per­son, "recklessly" refers to disre­gard­ing risk of causing death and not to disre­gard­ing risk of causing circumstance that later results in death. State v. Crosby, 342 Or 419, 154 P3d 97 (2007)

Law Review Cita­tions

In General

18 WLR 186 (1982)

Law Review Cita­tions

51 OLR 459-493 (1972)

Chapter 163

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors163.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­163ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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