Felony murder rule in 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.