Felony murder rule (Oregon)
Encyclopedia
In the state of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

, the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 felony murder rule has been codified in Oregon Revised Statutes § 163.115.

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
    Arson
    Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...

     in the first degree
  • Criminal mischief in the first degree by means of an explosive
  • Burglary
    Burglary
    Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary...

     in the first degree
  • Escape
    Prison escape
    A prison escape or prison break is the act of an inmate leaving prison through unofficial or illegal ways. Normally, when this occurs, an effort is made on the part of authorities to recapture them and return them to their original detainers...

     in the first degree
  • Kidnapping
    Kidnapping
    In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...

     in the first or second degree
  • Robbery
    Robbery
    Robbery is the crime of taking or attempting to take something of value by force or threat of force or by putting the victim in fear. At common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear....

     in the first degree
  • Any felony sexual offense in the first degree
  • Compelling prostitution
    Prostitution
    Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...

  • 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.
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