Oregon Revised Statutes
Or. Rev. Stat. § 163.005 (2026)
Criminal homicide
✓ current as of May 2026
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163.005 Criminal homicide. (1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being.
(2) “Criminal homicide” is murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide.
(3) “Human being” means a person who has been born and was alive at the time of the criminal act. [1971 c.743 §87; 2007 c.867 §4]
163.010 [Amended by 1963 c.625 §4; repealed by 1971 c.743 §432]
163.020 [Amended by 1963 c.625; §5; repealed by 1971 c.743 §432]
163.030 [Repealed by 1963 c.431 §1]
163.040 [Repealed by 1971 c.743 §432]
163.050 [Repealed by 1971 c.743 §432]
163.060 [Repealed by 1969 c.684 §17]
163.070 [Repealed by 1971 c.743 §432]
163.080 [Repealed by 1971 c.743 §432]
163.090 [Amended by 1953 c.676 §2; repealed by 1957 c.396 §1 (163.091 enacted in lieu of 163.090)]
163.091 [1957 c.396 §2 (enacted in lieu of 163.090); repealed by 1971 c.743 §432]
Notes of Decisions
Cited in 70
cases (15 in the last 5 years), 1973–2026 · leading case: State v. Turnidge, 374 P.3d 853 (Or. 2016).
State v. Turnidge, 374 P.3d 853 (Or. 2016). “The Commentary to the code merely explains that a “human being” means “one who has been born and was alive at the time of the criminal act,” which was intended to preclude the criminal homicide statute from applying to lawful abortions.”
State v. Blair, 228 P.3d 564 (Or. 2010). “ORS 163.005 provides, in part: “(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being.”
State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009). “" The court, based on the parties' agreement on the definition of "person" as found in ORS 163.005(3) (a "person" is one who "has been born and was alive at the time of the criminal act"), concluded that the named victim was not yet a living person when the voluntary act…”
State v. Blair, 214 P.3d 47 (Or. Ct. App. 2009). “) The “criminal homicide” provisions are set out in ORS 163.005. 3 That statute provides, in part: “(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another…”
State v. Monaco, 375 Or. 1 (Or. 2026). “115 in 1971, “the felony murder rule, as construed and applied by this court, long had operated to impose responsibility for homi- cides that occur during the commission or attempted com- mission of a felony, without the separate and additional requirement that the defendant…”
State v. Courchesne, 998 A.2d 1 (Conn. 2010). “§ 18-3-101 (2) (2009) (“ ‘[p]erson,’ when referring to the victim of a homicide, means a human being who had been bom and was alive at the time of the homicidal act”); Or. Rev. Stat. § 163.005 (3) (2009) (“ ‘[h]uman being’ means a person who has been bom and was alive at the…”
State v. Williams, 828 P.2d 1006 (Or. 1992). “) The district attorney offered Exhibits 38 and 39 to show the general appearance and condition of the victims while alive; each photograph showed only one of the victims.”
State v. Petersen, 522 P.2d 912 (Or. Ct. App. 1974). “ORS 163.005. Criminal homicide constitutes manslaughter when it is committed "recklessly," ORS 163.”
State v. Guzek, 86 P.3d 1106 (Or. 2004). “ould have left open the possibility that proffered sentencing-phase evidence that the defendants had not intended to kill the victims, or otherwise had played only peripheral parts in the underlying felonies (although with the requisite intent respecting those felonies), would…”
Walraven v. Premo, 372 P.3d 1 (Or. Ct. App. 2016). “Blair, 348 Or 72, 80 , 228 P3d 564 (2010) (“(1) [U]nder ORS 163.005(1), ‘criminal homicide’ requires that a defendant act with a culpable mens rea with respect to causing the victim’s death; (2) under ORS 163.”
State v. Ventris, 96 P.3d 815 (Or. 2004). “" ORS 163.005(1). Criminal homicide encompasses murder, manslaughter, and criminally negligent homicide.”
State v. Gonzalez-Valenzuela, 365 P.3d 116 (Or. 2015). “” Or Laws 1971, ch 743, § 87(1), codified as ORS 163.005(1) (emphasis added). The legislature undoubtedly did not intend that provision to impose criminal penalties only on those who habitually cause the deaths of another human being.”
— Or. Rev. Stat. § 163.005(1) — 34 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “The Commentary to the code merely explains that a “human being” means “one who has been born and was alive at the time of the criminal act,” which was intended to preclude the criminal homicide statute from applying to lawful abortions.”
State v. Monaco, 375 Or. 1 (Or. 2026). “115 in 1971, “the felony murder rule, as construed and applied by this court, long had operated to impose responsibility for homi- cides that occur during the commission or attempted com- mission of a felony, without the separate and additional requirement that the defendant…”
State v. Blair, 228 P.3d 564 (Or. 2010). “ORS 163.005 provides, in part: “(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being.”
State v. Blair, 214 P.3d 47 (Or. Ct. App. 2009). “) The “criminal homicide” provisions are set out in ORS 163.005. 3 That statute provides, in part: “(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another…”
State v. Gonzalez-Valenzuela, 365 P.3d 116 (Or. 2015). “” Or Laws 1971, ch 743, § 87(1), codified as ORS 163.005(1) (emphasis added). The legislature undoubtedly did not intend that provision to impose criminal penalties only on those who habitually cause the deaths of another human being.”
— Or. Rev. Stat. § 163.005(1)(a) — 1 case
State v. Wilson, 552 P.3d 730 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.005(2) — 10 cases
State v. Blair, 228 P.3d 564 (Or. 2010). “ORS 163.005 provides, in part: “(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being.”
Walraven v. Premo, 372 P.3d 1 (Or. Ct. App. 2016). “Blair, 348 Or 72, 80 , 228 P3d 564 (2010) (“(1) [U]nder ORS 163.005(1), ‘criminal homicide’ requires that a defendant act with a culpable mens rea with respect to causing the victim’s death; (2) under ORS 163.”
State v. Hessel, 844 P.2d 209 (Or. Ct. App. 1992).
State v. Ventris, 96 P.3d 815 (Or. 2004). “" ORS 163.005(1). Criminal homicide encompasses murder, manslaughter, and criminally negligent homicide.”
State v. Blair, 214 P.3d 47 (Or. Ct. App. 2009). “) The “criminal homicide” provisions are set out in ORS 163.005. 3 That statute provides, in part: “(1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another…”
— Or. Rev. Stat. § 163.005(3) — 1 case
State v. Cervantes, 223 P.3d 425 (Or. Ct. App. 2009). “" The court, based on the parties' agreement on the definition of "person" as found in ORS 163.005(3) (a "person" is one who "has been born and was alive at the time of the criminal act"), concluded that the named victim was not yet a living person when the voluntary act…”
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