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Felony murder rule (Oregon)

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

Contents

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:

  • 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. 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

    Felony murder rule (Oregon) Wikipedia
    (Text) CC BY-SA