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]

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