163.107 Murder
in the first degree; sentence of life imprisonment required; minimum term. (1) “Murder in the first degree”
means murder in the second degree as defined in ORS 163.115 which is committed
under, or accompanied by, any of the following circumstances:
(a) The defendant
committed the murder pursuant to an agreement that the defendant receive money
or other thing of value for committing the murder.
(b) The defendant
solicited another to commit the murder and paid or agreed to pay the person
money or other thing of value for committing the murder.
(c) The defendant
committed murder after having been convicted previously in any jurisdiction of
any homicide, the elements of which constitute the crime of aggravated murder
as defined in ORS 163.095, murder in the first degree under this section, murder
in the second degree as defined in ORS 163.115 or manslaughter in the first
degree as defined in ORS 163.118.
(d) There was
more than one murder victim in the same criminal episode as defined in ORS
131.505.
(e) The homicide
occurred in the course of or as a result of intentional maiming or torture of
the victim.
(f) The victim of
the intentional homicide was a person under the age of 14 years.
(g) The victim
was one of the following and the murder was related to the performance of the
victim’s official duties in the justice system:
(A) A police
officer as defined in ORS 181A.355;
(B) A
correctional, parole and probation officer or other person charged with the
duty of custody, control or supervision of convicted persons;
(C) A member of
the Oregon State Police;
(D) A judicial
officer as defined in ORS 1.210;
(E) A juror or
witness in a criminal proceeding;
(F) An employee
or officer of a court of justice;
(G) A member of
the State Board of Parole and Post-Prison Supervision; or
(H) A regulatory
specialist.
(h) The defendant
was confined in a state, county or municipal penal or correctional facility or
was otherwise in custody when the murder occurred.
(i) The defendant
committed murder by means of an explosive as defined in ORS 164.055.
(j)
Notwithstanding ORS 163.115 (1)(b), the defendant personally and intentionally
committed the homicide under the circumstances set forth in ORS 163.115 (1)(b).
(k) The murder
was committed in an effort to conceal the commission of a crime, or to conceal
the identity of the perpetrator of a crime.
(L) 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 custody of the facility.
(2)(a) Except as
otherwise provided in ORS 163.155 and paragraph (b) of this subsection, the
court shall sentence a person convicted of murder in the first degree, who was
at least 15 years of age at the time of committing the murder, to life
imprisonment. The court shall order that the defendant be confined for a
minimum of 30 years without possibility of parole or release to post-prison
supervision except as provided in ORS 144.397, and without the possibility of
release on work release or any form of temporary leave or employment at a
forest or work camp.
(b) The court may
sentence the person to life imprisonment without the possibility of parole if
the person was at least 18 years of age at the time of committing the murder.
The court shall state on the record the reasons for imposing the sentence. A
person sentenced to life imprisonment without the possibility of release or
parole under this paragraph shall not have that sentence suspended, deferred or
commuted by any judicial officer, and the State Board of Parole and Post-Prison
Supervision may not parole the prisoner nor reduce the period of confinement in
any manner whatsoever. The Department of Corrections or any executive official
may not permit the prisoner to participate in any sort of release or furlough
program.
(3)(a) For a
person sentenced to life imprisonment, at any time after completion of the
minimum period of confinement described in subsection (2)(a) of this section,
the State Board of Parole and Post-Prison Supervision, upon the petition of a
prisoner so confined, shall hold a hearing to determine if the prisoner is
likely to be rehabilitated within a reasonable period of time. The sole issue
is whether the prisoner is likely to be rehabilitated within a reasonable
period of time. At the hearing the prisoner has:
(A) The burden of
proving by a preponderance of the evidence the likelihood of rehabilitation
within a reasonable period of time;
(B) The right, if
the prisoner is without sufficient funds to employ an attorney, to be
represented by legal counsel, appointed by the board, at board expense; and
(C) The right to
a subpoena upon a showing of the general relevance and reasonable scope of the
evidence sought, provided that any subpoena issued on behalf of the prisoner
must be issued by the State Board of Parole and Post-Prison Supervision
pursuant to rules adopted by the board.
(b) If, upon
hearing all of the evidence, the board, upon a unanimous vote of three board
members or, if the chairperson requires all voting members to participate, a
unanimous vote of all voting members, finds that the prisoner is capable of
rehabilitation and that the terms of the prisoner’s confinement should be
changed to life imprisonment with the possibility of parole, release to
post-prison supervision or work release, it shall enter an order to that effect
and the order shall convert the terms of the prisoner’s confinement to life
imprisonment with the possibility of parole, release to post-prison supervision
or work release and may set a release date. Otherwise, the board shall deny the
relief sought in the petition.
(c) If the board
denies the relief sought in the petition, the board shall determine the date of
the subsequent hearing, and the prisoner may petition for an interim hearing,
in accordance with ORS 144.285.
(d) The board’s
final order shall be accompanied by findings of fact and conclusions of law.
The findings of fact shall consist of a concise statement of the underlying
facts supporting the findings as to each contested issue of fact and as to each
ultimate fact required to support the board’s order. [2019 c.635 §3; 2019 c.635
§3a]
Notes of Decisions
Cited in
20
cases (
20 in the last 5 years), 2021–2026 · leading case:
State v. Johnson, 542 P.3d 467 (Or. Ct. App. 2023).
State v. Johnson, 542 P.3d 467 (Or. Ct. App. 2023).
· cites it 27× “Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Bartol, 496 P.3d 1013 (Or. 2021).
· cites it 2× “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…”
State v. Bement, 350 Or. App. 198 (Or. Ct. App. 2026).
· cites it 34× “Defendant appeals a judgment convicting him, after a retrial, of first-degree murder (Count 1), ORS 163.107, first-degree robbery with a firearm, ORS 164.”
State v. Wolfe, 486 P.3d 748 (Or. 2021).
· cites it 2× “The offense of first-degree murder, now codified at ORS 163.107, was created by section 3 of SB 1013.”
State v. Rogers, 499 P.3d 45 (Or. 2021).
· cites it 2× “See Or Laws 2019, ch 635, §§ 1, 3; ORS 163.107(1)(e), (j). The conduct that defendant was found guilty of committing is no longer classified as aggravated murder, and it is no longer punishable by death.”
State v. Oatney, 508 P.3d 482 (Or. 2022).
“As a result, the state amended the indictment against defen- dant to allege the counts of aggravated murder as counts of first-degree murder under ORS 163.107. See id. at 605 (noting that the changes to the definition of “aggravated murder” effectuated by SB 1013 apply to crimes…”
State v. Christian, 333 Or. App. 815 (Or. Ct. App. 2024).
· cites it 11× “1 Defendant was convicted of two counts of murder in the first degree, ORS 163.107; one count of attempted murder in the first degree, ORS 163.”
State v. Hernandez, 340 Or. App. 704 (Or. Ct. App. 2025).
“In his second trial, he was acquitted on Count 2, attempted murder in the first degree, ORS 163.107. 2 In addition, a “defendant is entitled to a jury instruction on a lesser- included offense if the evidence and all reasonable inferences support submission of the lesser charge.”
Guzek v. Fhuere, 342 Or. App. 682 (Or. Ct. App. 2025).
“095” and, instead, “the conduct that was charged in those counts is now prosecutable * * * only as first- degree murder under ORS 163.107(1)(d), (j), (k).” 720 Guzek v.”
State v. Johnson (Or. Ct. App. 2023).
· cites it 27× “Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Marlatt, 339 Or. App. 792 (Or. Ct. App. 2025).
“Defendant appeals a judgment of conviction for first-degree murder, ORS 163.107, and unauthorized use of a vehicle, ORS 164.”
State v. Hernandez, 340 Or. App. 704 (Or. Ct. App. 2025).
“In his second trial, he was acquitted on Count 2, attempted murder in the first degree, ORS 163.107. 2 In addition, a “defendant is entitled to a jury instruction on a lesser- included offense if the evidence and all reasonable inferences support submission of the lesser charge.”
— Or. Rev. Stat. § 163.107(1) — 1 case
State v. Bement, 350 Or. App. 198 (Or. Ct. App. 2026).
“Defendant appeals a judgment convicting him, after a retrial, of first-degree murder (Count 1), ORS 163.107, first-degree robbery with a firearm, ORS 164.”
— Or. Rev. Stat. § 163.107(1)(c) — 1 case
— Or. Rev. Stat. § 163.107(1)(d) — 1 case
Guzek v. Fhuere, 342 Or. App. 682 (Or. Ct. App. 2025).
“095” and, instead, “the conduct that was charged in those counts is now prosecutable * * * only as first- degree murder under ORS 163.107(1)(d), (j), (k).” 720 Guzek v.”
— Or. Rev. Stat. § 163.107(1)(e) — 1 case
State v. Rogers, 499 P.3d 45 (Or. 2021).
“See Or Laws 2019, ch 635, §§ 1, 3; ORS 163.107(1)(e), (j). The conduct that defendant was found guilty of committing is no longer classified as aggravated murder, and it is no longer punishable by death.”
— Or. Rev. Stat. § 163.107(1)(h) — 1 case
— Or. Rev. Stat. § 163.107(1)(j) — 4 cases
State v. Johnson, 542 P.3d 467 (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Bement, 350 Or. App. 198 (Or. Ct. App. 2026).
“Defendant appeals a judgment convicting him, after a retrial, of first-degree murder (Count 1), ORS 163.107, first-degree robbery with a firearm, ORS 164.”
State v. Johnson (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
— Or. Rev. Stat. § 163.107(1)(k) — 2 cases
State v. Johnson, 542 P.3d 467 (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Johnson (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
— Or. Rev. Stat. § 163.107(2) — 5 cases
State v. Johnson, 542 P.3d 467 (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Wolfe, 486 P.3d 748 (Or. 2021).
“The offense of first-degree murder, now codified at ORS 163.107, was created by section 3 of SB 1013.”
State v. Bement, 350 Or. App. 198 (Or. Ct. App. 2026).
“Defendant appeals a judgment convicting him, after a retrial, of first-degree murder (Count 1), ORS 163.107, first-degree robbery with a firearm, ORS 164.”
State v. Johnson (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Christian, 333 Or. App. 815 (Or. Ct. App. 2024).
“1 Defendant was convicted of two counts of murder in the first degree, ORS 163.107; one count of attempted murder in the first degree, ORS 163.”
— Or. Rev. Stat. § 163.107(2)(a) — 3 cases
State v. Johnson, 542 P.3d 467 (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Bement, 350 Or. App. 198 (Or. Ct. App. 2026).
“Defendant appeals a judgment convicting him, after a retrial, of first-degree murder (Count 1), ORS 163.107, first-degree robbery with a firearm, ORS 164.”
State v. Johnson (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
— Or. Rev. Stat. § 163.107(2)(b) — 5 cases
State v. Johnson, 542 P.3d 467 (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Bement, 350 Or. App. 198 (Or. Ct. App. 2026).
“Defendant appeals a judgment convicting him, after a retrial, of first-degree murder (Count 1), ORS 163.107, first-degree robbery with a firearm, ORS 164.”
State v. Rogers, 499 P.3d 45 (Or. 2021).
“See Or Laws 2019, ch 635, §§ 1, 3; ORS 163.107(1)(e), (j). The conduct that defendant was found guilty of committing is no longer classified as aggravated murder, and it is no longer punishable by death.”
State v. Johnson (Or. Ct. App. 2023).
“Defendant appeals his convictions on eight counts of first-degree murder, ORS 163.107, raising 22 assignments of error in his opening brief and 34 additional assignments of error in his pro se supplemental brief.”
State v. Christian, 333 Or. App. 815 (Or. Ct. App. 2024).
“1 Defendant was convicted of two counts of murder in the first degree, ORS 163.107; one count of attempted murder in the first degree, ORS 163.”
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