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Oregon Revised Statutes

Or. Rev. Stat. § 163.095 (2026)

“Aggravated murder” defined

✓ current as of May 2026
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      163.095 “Aggravated murder” defined. As used in ORS 163.105 and this section, “aggravated murder” means:

      (1) Criminal homicide of two or more persons that is premeditated and committed intentionally and with the intent to:

      (a) Intimidate, injure or coerce a civilian population;

      (b) Influence the policy of a government by intimidation or coercion; or

      (c) Affect the conduct of a government through destruction of property, murder, kidnapping or aircraft piracy; or

      (2) Murder in the second degree, as defined in ORS 163.115, that is:

      (a)(A) Committed while the defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody; and

      (B) Committed after the defendant was previously convicted in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder under this section or murder in the first degree under ORS 163.107;

      (b) Premeditated and committed intentionally against a person under 14 years of age;

      (c) Premeditated, committed intentionally against a police officer as defined in ORS 801.395, and related to the performance of the victim’s official duties; or

      (d) Premeditated, committed intentionally against a correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons, and related to the performance of the victim’s official duties. [1977 c.370 §1; 1981 c.873 §1; 1991 c.742 §13; 1991 c.837 §12; 1993 c.185 §20; 1993 c.623 §2; 1997 c.850 §1; 2005 c.264 §17; 2012 c.54 §26; 2015 c.614 §149; 2019 c.635 §1]

 

      163.098 [2014 c.73 §5; 2019 c.635 §17; renumbered 163.109 in 2019]

 

      163.100 [Amended by 1967 c.372 §12; repealed by 1971 c.743 §432]

 

      163.103 [1981 c.873 §3; 2019 c.635 §18; renumbered 163.111 in 2019]

Notes of Decisions
Cited in 372 cases (45 in the last 5 years), 1978–2026 · leading case: State v. Turnidge, 374 P.3d 853 (Or. 2016).
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State v. Turnidge, 374 P.3d 853 (Or. 2016). · cites it 33× “115), and aggravated murder (ORS 163.095). Criminal homicide is the “baseline” offense—it provides the foundation on which the other homicide offenses build.”
State v. Isom, 837 P.2d 491 (Or. 1992). · cites it 76× “465 provides: "In all cases, the defendant may be found guilty of any crime the commission of which is necessarily included in that with which the defendant is charged in the accusatory instrument or of an attempt to commit such crime.”
State v. Wagner, 752 P.2d 1136 (Or. 1988). · cites it 46× “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Farrar, 786 P.2d 161 (Or. 1990). · cites it 21× “Not every homicide fits the restrictive statutory definition of “aggravated murder,” see ORS 163.095, and the existence of probable cause to indict a person for simple murder does not necessarily mean that the facts also support an indictment for aggravated murder.”
State v. Boots, 848 P.2d 76 (Or. 1993). · cites it 32× “We hold that the trial court order of a limited retrial was proper, but that the court erred in its instruction to the jury.”
State v. McDonnell, 837 P.2d 941 (Or. 1992). · cites it 24× “115 which is committed under, or accompanied by, any of the following circumstances: "(2) * * * * * "(f) The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before the defendant had been returned to the…”
State v. Ventris, 96 P.3d 815 (Or. 2004). · cites it 50× “115 (murder); ORS 163.095 (aggravated murder). Ordinary murder has three subcategories: intentional murder, felony murder, and murder by abuse.”
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019). · cites it 17× “Aggravated murder, as defined in ORS 163.095, is the most serious crime in Oregon and the only permissible punishments for that crime, as provided in ORS 163.”
State v. Kyger, 506 P.3d 376 (Or. 2022). · cites it 23× “095(1)(d) provides that one of the circum- stances elevating murder to aggravated murder is the exis- tence of “more than one murder victim in the same criminal episode.” Defendant was convicted of both counts.”
State v. Boots, 780 P.2d 725 (Or. 1989). · cites it 17× “ORS 163.095. That section requires proof beyond a reasonable doubt of at least one of 17 different facts, two of which were charged here.”
State v. Shumway, 630 P.2d 796 (Or. 1981). · cites it 16× “" ORS 163.095 provides: "As used in ORS 163.”
State v. Williams, 828 P.2d 1006 (Or. 1992). · cites it 14× “The three theories were: murder where there was "more than one murder victim in the same criminal episode," ORS 163.095(1)(d); murder committed "in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime," ORS 163.”
Show all 372 citing cases →
— Or. Rev. Stat. § 163.095(1) — 17 cases
Severy v. Bd. of Parole, 864 P.2d 368 (Or. 1993).
State v. Zweigart, 188 P.3d 242 (Or. 2008).
State v. Cornell, 741 P.2d 501 (Or. 1987).
State v. Amini, 28 P.3d 1204 (Or. Ct. App. 2001).
State v. Barrett, 958 P.2d 215 (Or. Ct. App. 1998).
— Or. Rev. Stat. § 163.095(1)(a) — 4 cases
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Kyger, 506 P.3d 376 (Or. 2022). “095(1)(d) provides that one of the circum- stances elevating murder to aggravated murder is the exis- tence of “more than one murder victim in the same criminal episode.” Defendant was convicted of both counts.”
State v. Ventris, 96 P.3d 815 (Or. 2004). “115 (murder); ORS 163.095 (aggravated murder). Ordinary murder has three subcategories: intentional murder, felony murder, and murder by abuse.”
State v. Wille, 839 P.2d 712 (Or. Ct. App. 1993).
— Or. Rev. Stat. § 163.095(1)(b) — 4 cases
State v. Zweigart, 188 P.3d 242 (Or. 2008).
State v. Douglas, 800 P.2d 288 (Or. 1990).
Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019). “Aggravated murder, as defined in ORS 163.095, is the most serious crime in Oregon and the only permissible punishments for that crime, as provided in ORS 163.”
— Or. Rev. Stat. § 163.095(1)(c) — 12 cases
State v. Wright, 913 P.2d 321 (Or. 1996).
State v. Haugen, 243 P.3d 31 (Or. 2010).
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
St. Clair v. Commonwealth, 140 S.W.3d 510 (Ky. 2004).
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019). “Aggravated murder, as defined in ORS 163.095, is the most serious crime in Oregon and the only permissible punishments for that crime, as provided in ORS 163.”
— Or. Rev. Stat. § 163.095(1)(d) — 20 cases
State v. Kyger, 506 P.3d 376 (Or. 2022). “095(1)(d) provides that one of the circum- stances elevating murder to aggravated murder is the exis- tence of “more than one murder victim in the same criminal episode.” Defendant was convicted of both counts.”
State v. Kyger, 471 P.3d 764 (Or. Ct. App. 2020).
State v. Moore, 927 P.2d 1073 (Or. 1996).
State v. Acremant, 108 P.3d 1139 (Or. 2005).
State v. Williams, 828 P.2d 1006 (Or. 1992). “The three theories were: murder where there was "more than one murder victim in the same criminal episode," ORS 163.095(1)(d); murder committed "in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime," ORS 163.”
— Or. Rev. Stat. § 163.095(1)(e) — 12 cases
State v. Montez, 789 P.2d 1352 (Or. 1990).
State v. Langley, 839 P.2d 692 (Or. 1992).
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Pratt, 853 P.2d 827 (Or. 1993).
State v. Rogers, 836 P.2d 1308 (Or. 1992).
— Or. Rev. Stat. § 163.095(1)(f) — 2 cases
State v. Wolfe, 486 P.3d 748 (Or. 2021).
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019). “Aggravated murder, as defined in ORS 163.095, is the most serious crime in Oregon and the only permissible punishments for that crime, as provided in ORS 163.”
— Or. Rev. Stat. § 163.095(2) — 30 cases
State v. Isom, 837 P.2d 491 (Or. 1992). “465 provides: "In all cases, the defendant may be found guilty of any crime the commission of which is necessarily included in that with which the defendant is charged in the accusatory instrument or of an attempt to commit such crime.”
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Boots, 780 P.2d 725 (Or. 1989). “ORS 163.095. That section requires proof beyond a reasonable doubt of at least one of 17 different facts, two of which were charged here.”
State v. Farrar, 786 P.2d 161 (Or. 1990). “Not every homicide fits the restrictive statutory definition of “aggravated murder,” see ORS 163.095, and the existence of probable cause to indict a person for simple murder does not necessarily mean that the facts also support an indictment for aggravated murder.”
State v. Turnidge, 374 P.3d 853 (Or. 2016). “115), and aggravated murder (ORS 163.095). Criminal homicide is the “baseline” offense—it provides the foundation on which the other homicide offenses build.”
— Or. Rev. Stat. § 163.095(2)(a) — 9 cases
State v. Brown, 800 P.2d 259 (Or. 1990).
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Plowman, 838 P.2d 558 (Or. 1992).
State v. Young, 853 P.2d 327 (Utah 1993).
State v. Ventris, 96 P.3d 815 (Or. 2004). “115 (murder); ORS 163.095 (aggravated murder). Ordinary murder has three subcategories: intentional murder, felony murder, and murder by abuse.”
— Or. Rev. Stat. § 163.095(2)(a)(A) — 7 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “115), and aggravated murder (ORS 163.095). Criminal homicide is the “baseline” offense—it provides the foundation on which the other homicide offenses build.”
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019). “Aggravated murder, as defined in ORS 163.095, is the most serious crime in Oregon and the only permissible punishments for that crime, as provided in ORS 163.”
State v. Reynolds, 457 N.W.2d 405 (Neb. 1990).
Porter v. Bd. of Parole & Post-Prison Supervision, 383 P.3d 427 (Or. Ct. App. 2016).
State v. Beebe, 680 P.2d 11 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 163.095(2)(a)(B) — 2 cases
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Gable, 873 P.2d 351 (Or. Ct. App. 1994).
— Or. Rev. Stat. § 163.095(2)(a)(D) — 1 case
State v. Thompson, 998 P.2d 762 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 163.095(2)(a)(E) — 18 cases
State v. Brown, 800 P.2d 259 (Or. 1990).
State v. Thompson, 998 P.2d 762 (Or. Ct. App. 2000).
State v. Moen, 786 P.2d 111 (Or. 1990).
State v. Wiltse, 373 Or. 1 (Or. 2024).
State v. Terry, 37 P.3d 157 (Or. 2001).
— Or. Rev. Stat. § 163.095(2)(a)(F) — 1 case
State v. Thompson, 998 P.2d 762 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 163.095(2)(b) — 14 cases
State v. Haugen, 243 P.3d 31 (Or. 2010).
State v. Langley, 839 P.2d 692 (Or. 1992).
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Bartol, 496 P.3d 1013 (Or. 2021).
State v. Cox, 98 P.3d 1103 (Or. 2004).
— Or. Rev. Stat. § 163.095(2)(c) — 15 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “115), and aggravated murder (ORS 163.095). Criminal homicide is the “baseline” offense—it provides the foundation on which the other homicide offenses build.”
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019). “Aggravated murder, as defined in ORS 163.095, is the most serious crime in Oregon and the only permissible punishments for that crime, as provided in ORS 163.”
State v. Young, 853 P.2d 327 (Utah 1993).
Norris v. Bd. of Parole & Post-Prison Supervision, 13 P.3d 104 (Or. 2000).
— Or. Rev. Stat. § 163.095(2)(d) — 70 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “115), and aggravated murder (ORS 163.095). Criminal homicide is the “baseline” offense—it provides the foundation on which the other homicide offenses build.”
State v. Ventris, 96 P.3d 815 (Or. 2004). “115 (murder); ORS 163.095 (aggravated murder). Ordinary murder has three subcategories: intentional murder, felony murder, and murder by abuse.”
State v. Isom, 837 P.2d 491 (Or. 1992). “465 provides: "In all cases, the defendant may be found guilty of any crime the commission of which is necessarily included in that with which the defendant is charged in the accusatory instrument or of an attempt to commit such crime.”
State v. Cohen, 614 P.2d 1156 (Or. 1980).
State v. Farrar, 786 P.2d 161 (Or. 1990). “Not every homicide fits the restrictive statutory definition of “aggravated murder,” see ORS 163.095, and the existence of probable cause to indict a person for simple murder does not necessarily mean that the facts also support an indictment for aggravated murder.”
— Or. Rev. Stat. § 163.095(2)(e) — 32 cases
State v. Farrar, 786 P.2d 161 (Or. 1990). “Not every homicide fits the restrictive statutory definition of “aggravated murder,” see ORS 163.095, and the existence of probable cause to indict a person for simple murder does not necessarily mean that the facts also support an indictment for aggravated murder.”
State v. Boots, 848 P.2d 76 (Or. 1993). “We hold that the trial court order of a limited retrial was proper, but that the court erred in its instruction to the jury.”
State v. Montez, 789 P.2d 1352 (Or. 1990).
State v. Williams, 828 P.2d 1006 (Or. 1992). “The three theories were: murder where there was "more than one murder victim in the same criminal episode," ORS 163.095(1)(d); murder committed "in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime," ORS 163.”
State v. Pinnell, 806 P.2d 110 (Or. 1991).
— Or. Rev. Stat. § 163.095(2)(f) — 7 cases
State v. Isom, 837 P.2d 491 (Or. 1992). “465 provides: "In all cases, the defendant may be found guilty of any crime the commission of which is necessarily included in that with which the defendant is charged in the accusatory instrument or of an attempt to commit such crime.”
State v. McDonnell, 837 P.2d 941 (Or. 1992). “115 which is committed under, or accompanied by, any of the following circumstances: "(2) * * * * * "(f) The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before the defendant had been returned to the…”
State v. Wagner, 752 P.2d 1136 (Or. 1988). “" ORS 163.095 defines aggravated murder as follows: "As used in ORS 163.”
State v. Isom, 761 P.2d 524 (Or. 1988).
McDonnell v. Premo, 483 P.3d 640 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 163.095(2Xd) — 1 case
State v. Rogers, 4 P.3d 1261 (Or. 2000).
— Or. Rev. Stat. § 163.095(3) — 1 case
State v. Amini, 28 P.3d 1204 (Or. Ct. App. 2001).
— Or. Rev. Stat. § 163.095(a)(f) — 1 case
State v. Ventris, 96 P.3d 815 (Or. 2004). “115 (murder); ORS 163.095 (aggravated murder). Ordinary murder has three subcategories: intentional murder, felony murder, and murder by abuse.”
— Or. Rev. Stat. § 163.095(d) — 2 cases
Tison v. Arizona, 481 U.S. 137 (1987).
State v. Quintero, 823 P.2d 981 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 163.095(f) — 1 case
State ex rel. Hansen v. Skipper, 904 P.2d 1079 (Or. Ct. App. 1995).
— Or. Rev. Stat. § 163.095(l)(a) — 5 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “115), and aggravated murder (ORS 163.095). Criminal homicide is the “baseline” offense—it provides the foundation on which the other homicide offenses build.”
State v. Young, 853 P.2d 327 (Utah 1993).
State v. Ventris, 96 P.3d 815 (Or. 2004). “115 (murder); ORS 163.095 (aggravated murder). Ordinary murder has three subcategories: intentional murder, felony murder, and murder by abuse.”
State v. Slatton, 268 P.3d 556 (Or. Ct. App. 2015).
State v. Jenkins, 79 P.3d 347 (Or. Ct. App. 2003).
— Or. Rev. Stat. § 163.095(l)(b) — 5 cases
State v. Zweigart, 188 P.3d 242 (Or. 2008).
Young v. Commonwealth, 50 S.W.3d 148 (Ky. 2001).
State v. Johnson, 123 P.3d 304 (Or. Ct. App. 2005).
State v. Huddleston, 375 P.3d 583 (Jackson Cty. Cir. Ct., O.R. 2016).
State v. King, 733 P.2d 472 (Or. Ct. App. 1987).
— Or. Rev. Stat. § 163.095(l)(c) — 7 cases
State v. Hess, 159 P.3d 309 (Or. 2007).
St. Clair v. Commonwealth, 140 S.W.3d 510 (Ky. 2004).
State v. Carlton, 388 P.3d 1093 (Or. 2017).
State v. Young, 853 P.2d 327 (Utah 1993).
State v. Haugen, 243 P.3d 31 (Or. 2010).
— Or. Rev. Stat. § 163.095(l)(d) — 20 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “115), and aggravated murder (ORS 163.095). Criminal homicide is the “baseline” offense—it provides the foundation on which the other homicide offenses build.”
State v. Moore, 927 P.2d 1073 (Or. 1996).
State v. Terry, 37 P.3d 157 (Or. 2001).
State v. Tooley, 333 P.3d 348 (Or. Ct. App. 2014).
State v. Acremant, 108 P.3d 1139 (Or. 2005).
— Or. Rev. Stat. § 163.095(l)(e) — 15 cases
State v. Compton, 39 P.3d 833 (Or. 2002).
State v. Cornell, 741 P.2d 501 (Or. 1987).
State v. Turnidge, 374 P.3d 853 (Or. 2016). “115), and aggravated murder (ORS 163.095). Criminal homicide is the “baseline” offense—it provides the foundation on which the other homicide offenses build.”
State v. McAnulty, 338 P.3d 653 (Or. 2014).
State v. Langley, 839 P.2d 692 (Or. 1992).
— Or. Rev. Stat. § 163.095(l)(f) — 5 cases
State v. Nelson, 273 P.3d 632 (Ariz. 2012).
State v. Serrano, 324 P.3d 1274 (Or. 2014).
State v. Sparks, 83 P.3d 304 (Or. 2004).
State v. Longo, 148 P.3d 892 (Or. 2006).
State v. Slatton, 268 P.3d 556 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 163.095(lXd) — 1 case
State v. Moses, 997 P.2d 251 (Or. Ct. App. 2000).
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