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Oregon Revised Statutes

Or. Rev. Stat. § 163.118 (2026)

Manslaughter in the first degree

✓ current as of May 2026
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      163.118 Manslaughter in the first degree. (1) Criminal homicide constitutes manslaughter in the first degree when:

      (a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;

      (b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in ORS 163.135, which constitutes a mitigating circumstance reducing the homicide that would otherwise be murder to manslaughter in the first degree and need not be proved in any prosecution;

      (c) A person recklessly causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:

      (A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or

      (B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115; or

      (d) It is committed recklessly or with criminal negligence by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and:

      (A) In the 10 years prior to the date of the current offense the person has been convicted of at least three of any of the following offenses in any combination:

      (i) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction;

      (ii) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicants or any combination thereof; or

      (iii) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content; or

      (B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and

      (ii) The victim’s serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

      (2) The previous convictions to which subsection (1)(d)(B) of this section applies are:

      (a) Assault in the first degree under ORS 163.185;

      (b) Assault in the second degree under ORS 163.175; or

      (c) Assault in the third degree under ORS 163.165.

      (3) Manslaughter in the first degree is a Class A felony.

      (4) It is an affirmative defense to a charge of violating:

      (a) Subsection (1)(c)(B) of this section that the victim was a dependent person who was at least 18 years of age and was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the dependent person or the guardian of the dependent person.

      (b) Subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.

      (5) As used in this section, “intoxicant” has the meaning given that term in ORS 801.321. [1975 c.577 §2; 1981 c.873 §6; 1997 c.850 §3; 2007 c.867 §2; 2011 c.291 §2; 2021 c.480 §4; 2023 c.498 §23]

 

      163.120 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 209 cases (35 in the last 5 years), 1976–2026 · leading case: State v. Cunningham, 880 P.2d 431 (Or. 1994).
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State v. Cunningham, 880 P.2d 431 (Or. 1994). · cites it 14× “115(1) provides in part: "Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder: "* * * * * "(b) When it is committed by a person, acting either alone or with one or more persons, who commits or attempts to commit any of the following crimes and in…”
State v. Carson, 640 P.2d 586 (Or. 1982). · cites it 26× “115(1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder when: (a) It is committed intentionally by a person who *591 is not under the influence of an extreme emotional disturbance; * * *.”
State v. Turnidge, 374 P.3d 853 (Or. 2016). · cites it 3× “145), manslaughter (first and second degree, ORS 163.118 and ORS 163.125 respectively), murder (ORS 163.”
State v. Crosby, 154 P.3d 97 (Or. 2007). · cites it 11× “Defendant was convicted of two lesser-included offenses of first-degree manslaughter of a dependent person, ORS 163.118(1)(c). That statute uses the word “recklessly,” so we must examine ORS 163.”
Trujillo v. Maass, 822 P.2d 703 (Or. 1991). · cites it 6× “He pleaded guilty to manslaughter in the first degree, ORS 163.118, [3] committed with a firearm, a Class A felony, for which the maximum term of imprisonment is 20 years, ORS 161.”
State v. Shumway, 630 P.2d 796 (Or. 1981). · cites it 6× “115 provides: "(1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder when: "(a) It is committed intentionally by a person who is not under the influence of an extreme emotional disturbance; "(b) It is committed by a person, acting either alone…”
State v. Hessel, 844 P.2d 209 (Or. Ct. App. 1992). · cites it 10× “" "Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder: "(a) When it is committed intentionally, except that it is an affirmative defense that, at the time of the homicide, the defendant was under the influence of an extreme emotional disturbance;…”
State v. Simonov, 368 P.3d 11 (Or. 2016). · cites it 2× “In that case, the court grappled with the issue whether a victim’s death in ORS 163.118(l)(c) (defining first-degree manslaughter) is a circumstance or a result.”
St. Clair v. Commonwealth, 140 S.W.3d 510 (Ky. 2004). · cites it 2× “115 or manslaughter in the first degree as defined in ORS 163.118."); Utah Code Ann. § 76-5-202 (1)(h) ("the actor was previously convicted of: (i) aggravated murder, Section 76-5-202; (ii) murder, Section 76-5-203[.”
State v. Downing, 366 P.3d 1171 (Or. Ct. App. 2016). · cites it 4× “Defendant appeals a judgment of conviction for two counts of first-degree manslaughter, ORS 163.118; one count of second-degree assault, ORS 163.”
State v. Robinson, 363 P.3d 875 (Kan. 2015). · cites it 2× “Oregon's murder by abuse statute, provided: "(1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder: .”
Johnson v. Premo, 399 P.3d 431 (Or. 2017). “Testimony from a toxicologist that the victim died from a morphine overdose would have allowed petitioner’s defense counsel to argue that petitioner was guilty of a different offense—such as manslaughter, ORS 163.118(1)(a); criminally negligent homicide, ORS 163.”
Show all 209 citing cases →
— Or. Rev. Stat. § 163.118(1) — 13 cases
State v. Carson, 640 P.2d 586 (Or. 1982). “115(1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder when: (a) It is committed intentionally by a person who *591 is not under the influence of an extreme emotional disturbance; * * *.”
State v. Wille, 858 P.2d 128 (Or. 1993).
State v. Whitney-Biggs, 936 P.2d 1047 (Or. Ct. App. 1997).
State v. Eacret, 595 P.2d 490 (Or. Ct. App. 1979).
State v. Lyon, 672 P.2d 1358 (Or. Ct. App. 1983).
— Or. Rev. Stat. § 163.118(1)(a) — 29 cases
State v. Cunningham, 880 P.2d 431 (Or. 1994). “115(1) provides in part: "Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder: "* * * * * "(b) When it is committed by a person, acting either alone or with one or more persons, who commits or attempts to commit any of the following crimes and in…”
Johnson v. Premo, 399 P.3d 431 (Or. 2017). “Testimony from a toxicologist that the victim died from a morphine overdose would have allowed petitioner’s defense counsel to argue that petitioner was guilty of a different offense—such as manslaughter, ORS 163.118(1)(a); criminally negligent homicide, ORS 163.”
State v. Gilmore, 562 P.3d 250 (Or. Ct. App. 2024).
Johnson v. Premo, 370 P.3d 553 (Or. Ct. App. 2016).
State v. Armstrong, 589 P.2d 1174 (Or. Ct. App. 1979).
— Or. Rev. Stat. § 163.118(1)(b) — 12 cases
State v. Carson, 640 P.2d 586 (Or. 1982). “115(1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder when: (a) It is committed intentionally by a person who *591 is not under the influence of an extreme emotional disturbance; * * *.”
State v. Davis, 606 P.2d 671 (Or. Ct. App. 1980).
State v. Keys, 548 P.2d 205 (Or. Ct. App. 1976).
State v. Adams, 847 P.2d 397 (Or. 1993).
State v. Bishop, 621 P.2d 1196 (Or. Ct. App. 1980).
— Or. Rev. Stat. § 163.118(1)(c) — 2 cases
State v. Crosby, 154 P.3d 97 (Or. 2007). “Defendant was convicted of two lesser-included offenses of first-degree manslaughter of a dependent person, ORS 163.118(1)(c). That statute uses the word “recklessly,” so we must examine ORS 163.”
State v. Rossiter, 453 P.3d 562 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.118(1)(c)(B) — 2 cases
State v. Alvarado, 492 P.3d 712 (Or. Ct. App. 2021).
State v. Rossiter, 454 P.3d 1 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.118(1)(d) — 1 case
Morehouse v. Haynes, 253 P.3d 1068 (Or. 2011).
— Or. Rev. Stat. § 163.118(1)(d)(A) — 1 case
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019).
— Or. Rev. Stat. § 163.118(2) — 1 case
Teague v. Palmateer, 57 P.3d 176 (Or. Ct. App. 2002).
— Or. Rev. Stat. § 163.118(3) — 3 cases
Richardson v. Belleque (Or. 2017).
Richardson v. Belleque (Or. 2017).
Rodriguez v. Hunt (D. Or. 2024).
— Or. Rev. Stat. § 163.118(l)(a) — 17 cases
State v. Cunningham, 880 P.2d 431 (Or. 1994). “115(1) provides in part: "Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder: "* * * * * "(b) When it is committed by a person, acting either alone or with one or more persons, who commits or attempts to commit any of the following crimes and in…”
State v. Turnidge, 374 P.3d 853 (Or. 2016). “145), manslaughter (first and second degree, ORS 163.118 and ORS 163.125 respectively), murder (ORS 163.”
State v. Downing, 366 P.3d 1171 (Or. Ct. App. 2016). “Defendant appeals a judgment of conviction for two counts of first-degree manslaughter, ORS 163.118; one count of second-degree assault, ORS 163.”
State v. Simmons, 379 P.3d 580 (Jackson Cty. Cir. Ct., O.R. 2016).
State v. Boone, 661 P.2d 917 (Or. 1983).
— Or. Rev. Stat. § 163.118(l)(b) — 11 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “145), manslaughter (first and second degree, ORS 163.118 and ORS 163.125 respectively), murder (ORS 163.”
State v. Carson, 640 P.2d 586 (Or. 1982). “115(1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder when: (a) It is committed intentionally by a person who *591 is not under the influence of an extreme emotional disturbance; * * *.”
State v. Adams, 847 P.2d 397 (Or. 1993).
State v. Wille, 858 P.2d 128 (Or. 1993).
State v. Zielinski, 404 P.3d 972 (Or. Ct. App. 2017).
— Or. Rev. Stat. § 163.118(l)(c) — 3 cases
State v. Crosby, 154 P.3d 97 (Or. 2007). “Defendant was convicted of two lesser-included offenses of first-degree manslaughter of a dependent person, ORS 163.118(1)(c). That statute uses the word “recklessly,” so we must examine ORS 163.”
State v. Simonov, 368 P.3d 11 (Or. 2016). “In that case, the court grappled with the issue whether a victim’s death in ORS 163.118(l)(c) (defining first-degree manslaughter) is a circumstance or a result.”
State v. Crosby, 129 P.3d 699 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 163.118(l)(c)(A) — 1 case
State v. Crosby, 129 P.3d 699 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 163.118(l)(c)(B) — 1 case
State v. Crosby, 129 P.3d 699 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 163.118(l)(e) — 1 case
State v. Crosby, 154 P.3d 97 (Or. 2007). “Defendant was convicted of two lesser-included offenses of first-degree manslaughter of a dependent person, ORS 163.118(1)(c). That statute uses the word “recklessly,” so we must examine ORS 163.”
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