Felony murder rule (Oregon)

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

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

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
This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.