(1) Criminal homicide of two or more persons that is premeditated and committed intentionally and with the intent to:
(a) Intimidate, injure or coerce a civilian population;
(b) Influence the policy of a government by intimidation or coercion; or
(c) Affect the conduct of a government through destruction of property, murder, kidnapping or aircraft piracy; or
(2) Murder in the second degree, as defined in ORS 163.115, that is:
(a)(A) Committed while the defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody; and
(B) Committed after the defendant was previously convicted in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder under this section or murder in the first degree under ORS 163.107;
(b) Premeditated and committed intentionally against a person under 14 years of age;
(c) Premeditated, committed intentionally against a police officer as defined in ORS 801.395, and related to the performance of the victim’s official duties; or
(d) Premeditated, committed intentionally against a correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons, and related to the performance of the victim’s official duties. [1977 c.370 §1; 1981 c.873 §1; 1991 c.742 §13; 1991 c.837 §12; 1993 c.185 §20; 1993 c.623 §2; 1997 c.850 §1; 2005 c.264 §17; 2012 c.54 §26; 2015 c.614 §149; 2019 c.635 §1]
Note: Section 30, chapter 635, Oregon Laws 2019, provides:
Sec. 30. Section 3 of this 2019 Act [163.107] and the amendments to ORS 40.355, 133.705, 136.450, 137.635, 137.700, 137.707, 144.079, 144.085, 144.110, 161.005, 161.405, 161.535, 163.095, 163.098, 163.103, 163.115, 163.135, 163.150, 163.707, 342.143, 419A.260, 419C.349, 419C.352, 419C.501, 421.121, 443.004 and 671.610 by sections 1 and 4 to 29 of this 2019 Act apply to crimes committed before, on or after the effective date of this 2019 Act [September 29, 2019] that are the subject of sentencing proceedings occurring on or after the effective date of this 2019 Act. [2019 c.635 §30]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 163 - Offenses Against Persons
Section 163.005 - Criminal homicide.
Section 163.095 - "Aggravated murder" defined.
Section 163.105 - Sentencing options for aggravated murder.
Section 163.107 - Murder in the first degree; sentence of life imprisonment required; minimum term.
Section 163.109 - Alternative proof of certain victims of murder in the first degree.
Section 163.118 - Manslaughter in the first degree.
Section 163.125 - Manslaughter in the second degree.
Section 163.145 - Criminally negligent homicide.
Section 163.149 - Aggravated vehicular homicide.
Section 163.150 - Sentencing for aggravated murder; proceedings; issues for jury.
Section 163.155 - Sentencing for murder of pregnant victim; proceeding; issues for jury.
Section 163.160 - Assault in the fourth degree.
Section 163.165 - Assault in the third degree.
Section 163.168 - Crime category classification for assault in the third degree.
Section 163.175 - Assault in the second degree.
Section 163.185 - Assault in the first degree.
Section 163.187 - Strangulation.
Section 163.191 - Intimidation by display of a noose.
Section 163.192 - Endangering a person protected by a Family Abuse Prevention Act restraining order.
Section 163.193 - Assisting another person to commit suicide.
Section 163.195 - Recklessly endangering another person.
Section 163.196 - Aggravated driving while suspended or revoked.
Section 163.200 - Criminal mistreatment in the second degree.
Section 163.205 - Criminal mistreatment in the first degree.
Section 163.206 - Exceptions to criminal mistreatment.
Section 163.207 - Female genital mutilation.
Section 163.208 - Assaulting a public safety officer.
Section 163.211 - Definitions for ORS 163.211 to 163.213.
Section 163.212 - Unlawful use of an electrical stun gun, tear gas or mace in the second degree.
Section 163.213 - Unlawful use of an electrical stun gun, tear gas or mace in the first degree.
Section 163.215 - Definitions for ORS 163.215 to 163.257.
Section 163.225 - Kidnapping in the second degree.
Section 163.235 - Kidnapping in the first degree.
Section 163.245 - Custodial interference in the second degree.
Section 163.257 - Custodial interference in the first degree.
Section 163.261 - Definitions for ORS 163.263 and 163.264.
Section 163.263 - Subjecting another person to involuntary servitude in the second degree.
Section 163.264 - Subjecting another person to involuntary servitude in the first degree.
Section 163.266 - Trafficking in persons.
Section 163.269 - Victim assertion of defense of duress.
Section 163.305 - Definitions.
Section 163.315 - Incapacity to consent; effect of lack of resistance.
Section 163.325 - Ignorance or mistake as a defense.
Section 163.345 - Age as a defense in certain cases.
Section 163.355 - Rape in the third degree.
Section 163.365 - Rape in the second degree.
Section 163.375 - Rape in the first degree.
Section 163.385 - Sodomy in the third degree.
Section 163.395 - Sodomy in the second degree.
Section 163.405 - Sodomy in the first degree.
Section 163.408 - Unlawful sexual penetration in the second degree.
Section 163.411 - Unlawful sexual penetration in the first degree.
Section 163.412 - Exceptions to unlawful sexual penetration prohibition.
Section 163.413 - Purchasing sex with a minor.
Section 163.415 - Sexual abuse in the third degree.
Section 163.425 - Sexual abuse in the second degree.
Section 163.426 - Crime category classification for sexual abuse in the second degree.
Section 163.427 - Sexual abuse in the first degree.
Section 163.431 - Definitions for ORS 163.431 to 163.434.
Section 163.432 - Online sexual corruption of a child in the second degree.
Section 163.433 - Online sexual corruption of a child in the first degree.
Section 163.434 - Provisions applicable to online sexual corruption of a child.
Section 163.435 - Contributing to the sexual delinquency of a minor.
Section 163.445 - Sexual misconduct.
Section 163.452 - Custodial sexual misconduct in the first degree.
Section 163.454 - Custodial sexual misconduct in the second degree.
Section 163.465 - Public indecency.
Section 163.466 - Classification of felony public indecency.
Section 163.467 - Private indecency.
Section 163.472 - Unlawful dissemination of an intimate image.
Section 163.476 - Unlawfully being in a location where children regularly congregate.
Section 163.479 - Unlawful contact with a child.
Section 163.505 - Definitions for certain provisions of ORS 163.505 to 163.575.
Section 163.535 - Abandonment of a child.
Section 163.537 - Buying or selling a person under 18 years of age.
Section 163.545 - Child neglect in the second degree.
Section 163.547 - Child neglect in the first degree.
Section 163.555 - Criminal nonsupport.
Section 163.575 - Endangering the welfare of a minor.
Section 163.577 - Failing to supervise a child.
Section 163.580 - Display of sign concerning sale of smoking devices.
Section 163.665 - Definitions.
Section 163.670 - Using child in display of sexually explicit conduct.
Section 163.676 - Exemption from prosecution under ORS 163.684.
Section 163.682 - Exceptions to ORS 163.665 to 163.693.
Section 163.684 - Encouraging child sexual abuse in the first degree.
Section 163.686 - Encouraging child sexual abuse in the second degree.
Section 163.687 - Encouraging child sexual abuse in the third degree.
Section 163.693 - Failure to report child pornography.
Section 163.700 - Invasion of personal privacy in the second degree.
Section 163.701 - Invasion of personal privacy in the first degree.
Section 163.702 - Exceptions to ORS 163.700 and 163.701.
Section 163.707 - Forfeiture of motor vehicle used in drive-by shooting.
Section 163.709 - Unlawful directing of light from a laser pointer.
Section 163.715 - Unlawful use of a global positioning system device.
Section 163.730 - Definitions for ORS 30.866 and 163.730 to 163.750.
Section 163.735 - Citation; form.
Section 163.744 - Initiation of action seeking citation; complaint form.
Section 163.750 - Violating a court’s stalking protective order.
Section 163.753 - Immunity of officer acting in good faith.
Section 163.755 - Conduct for which stalking protective order may not be issued.
Section 163.760 - Definitions for ORS 163.760 to 163.777.
Section 163.763 - Petition to circuit court for relief; burden of proof.
Section 163.765 - Restraining order; service of order; request for hearing; duration of order.
Section 163.767 - Hearing; order; certificate of compliance; consent agreement.
Section 163.770 - Appearance by telephone or electronic communication device.
Section 163.775 - Renewal and modification of restraining order.
Section 163.777 - Fees or undertaking may not be required; forms and brochures.