Oregon Revised Statutes
Or. Rev. Stat. § 163.125 (2026)
Manslaughter in the second degree
✓ current as of May 2026
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163.125 Manslaughter in the second degree. (1) Criminal homicide constitutes manslaughter in the second degree when:
(a) It is committed recklessly;
(b) A person intentionally causes or aids another person to commit suicide; or
(c) A person, with criminal negligence, 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.
(2) Manslaughter in the second degree is a Class B felony. [1971 c.743 §89; 1975 c.577 §3; 1997 c.850 §4; 1999 c.954 §1]
163.130 [Repealed by 1971 c.743 §432]
Notes of Decisions
Cited in 132
cases (9 in the last 5 years), 1972–2025 · leading case: State v. Turnidge, 374 P.3d 853 (Or. 2016).
State v. Turnidge, 374 P.3d 853 (Or. 2016). “118 and ORS 163.125 respectively), murder (ORS 163.”
State v. Cunningham, 880 P.2d 431 (Or. 1994). “ORS 163.125. That instruction provides that a person commits the crime of manslaughter in the second degree if that person "recklessly causes the death of another person.”
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997). “"(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are: "* * * * * "(e) Manslaughter in the second degree, as defined in ORS 163.125[:] 75 months." [3] In this opinion, we use the terms Measure 11 and ORS 137.”
Washington v. Glucksberg, 521 U.S. 702 (1997). “21, §§ 813-815 (1983); Ore. Rev. Stat. § 163.125(1)(b) (1991); Pa.”
State v. McCoy, 521 P.2d 1074 (Or. Ct. App. 1974). “Some of the evidence produced by the state, which is summarized above, could fairly raise the inference that defendant had not "flipped out" at all prior to firing 15 shots into Stewart.”
State v. Heintz, 594 P.2d 385 (Or. 1979). “Defendant was convicted of manslaughter in the second degree, ORS 163.125, after an automobile accident in Washington County in which the passenger of the car being driven by him was killed.”
State v. Carson, 640 P.2d 586 (Or. 1982). “115: "(1) Except as provided in ORS 163.125, criminal homicide constitutes murder when: "(a) It is committed intentionally;" ORS 163.”
State v. Murray, 162 P.3d 255 (Or. 2007). “Both the driver of that car and the victim were killed in the collision. The defendant was charged with, among other offenses, second-degree manslaughter, for recklessly causing the death of the passenger in the other racing car.”
State v. Petersen, 522 P.2d 912 (Or. Ct. App. 1974). “Defendant was charged in a three-count indictment with manslaughter, ORS 163.125, hit and run, ORS 483.602(1) and (2), and failure of a witness to furnish name and address at scene of accident, ORS 483.”
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000). “ORS 163.125. Under Measure 11, defendant will receive a greater sentence than defendants convicted of: Robbery in the second degree, which involves threats of physical force during a theft, committed either with a weapon or with an accomplice (70 months).”
State v. Corpuz, 621 P.2d 604 (Or. Ct. App. 1980). “145 7 and not as recklessly caused manslaughter under ORS 163.125(1)(a). ORS 163.125(1)(a), the second degree manslaughter statute, and ORS 163.”
State v. Hickman/Hickman, 358 P.3d 987 (Or. 2015). “Defendants Dale and Shannon Hickman were convicted of second-degree manslaughter (ORS 163.125) after they declined to seek medical treatment for their son David, who died about nine hours after he was born prematurely.”
— Or. Rev. Stat. § 163.125(1) — 6 cases
State v. Moore/Coen, 245 P.3d 101 (Or. 2010).
State v. Coen, 220 P.3d 423 (Or. Ct. App. 2009).
Carlos Ibarra-Leyva v. Jeh Johnson, Sec'y, 623 F. App'x 163 (5th Cir. 2015).
State v. Burnell, 877 P.2d 1228 (Or. Ct. App. 1994).
State v. Mattingly, 541 P.2d 1063 (Or. Ct. App. 1975).
— Or. Rev. Stat. § 163.125(1)(a) — 11 cases
State v. Cunningham, 880 P.2d 431 (Or. 1994). “ORS 163.125. That instruction provides that a person commits the crime of manslaughter in the second degree if that person "recklessly causes the death of another person.”
State v. Turnidge, 374 P.3d 853 (Or. 2016). “118 and ORS 163.125 respectively), murder (ORS 163.”
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997). “"(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are: "* * * * * "(e) Manslaughter in the second degree, as defined in ORS 163.125[:] 75 months." [3] In this opinion, we use the terms Measure 11 and ORS 137.”
State v. Corpuz, 621 P.2d 604 (Or. Ct. App. 1980). “145 7 and not as recklessly caused manslaughter under ORS 163.125(1)(a). ORS 163.125(1)(a), the second degree manslaughter statute, and ORS 163.”
Est. of Schwarz v. Philip Morris Inc., 135 P.3d 409 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 163.125(1)(b) — 3 cases
Washington v. Glucksberg, 521 U.S. 702 (1997). “21, §§ 813-815 (1983); Ore. Rev. Stat. § 163.125(1)(b) (1991); Pa.”
State v. Mains, 669 P.2d 1112 (Or. 1983).
State v. McCoy, 521 P.2d 1074 (Or. Ct. App. 1974). “Some of the evidence produced by the state, which is summarized above, could fairly raise the inference that defendant had not "flipped out" at all prior to firing 15 shots into Stewart.”
— Or. Rev. Stat. § 163.125(1)(c) — 1 case
State v. Rossiter, 453 P.3d 562 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.125(1)(c)(B) — 1 case
State v. Rossiter, 454 P.3d 1 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.125(2) — 5 cases
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997). “"(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are: "* * * * * "(e) Manslaughter in the second degree, as defined in ORS 163.125[:] 75 months." [3] In this opinion, we use the terms Measure 11 and ORS 137.”
State v. Cassidy, 545 P.3d 203 (Or. Ct. App. 2024).
State v. McCoy, 521 P.2d 1074 (Or. Ct. App. 1974). “Some of the evidence produced by the state, which is summarized above, could fairly raise the inference that defendant had not "flipped out" at all prior to firing 15 shots into Stewart.”
State v. Forrester, 882 P.2d 1124 (Or. Ct. App. 1994).
State v. Cassidy (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.125(a) — 1 case
State v. Rossiter, 453 P.3d 562 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.125(l)(a) — 17 cases
State v. Cunningham, 880 P.2d 431 (Or. 1994). “ORS 163.125. That instruction provides that a person commits the crime of manslaughter in the second degree if that person "recklessly causes the death of another person.”
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997). “"(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are: "* * * * * "(e) Manslaughter in the second degree, as defined in ORS 163.125[:] 75 months." [3] In this opinion, we use the terms Measure 11 and ORS 137.”
Est. of Schwarz v. Philip Morris Inc., 135 P.3d 409 (Or. Ct. App. 2006).
Williams v. Philip Morris Inc., 127 P.3d 1165 (Or. 2006).
State v. Downing, 366 P.3d 1171 (Or. Ct. App. 2016).
— Or. Rev. Stat. § 163.125(l)(b) — 4 cases
State v. Mains, 669 P.2d 1112 (Or. 1983).
Real v. Nooth, 344 P.3d 33 (Or. Ct. App. 2015).
Martin v. State, 664 P.2d 612 (Alaska Ct. App. 1983).
State v. Mains, 657 P.2d 220 (Or. Ct. App. 1983).
— Or. Rev. Stat. § 163.125(l)(d) — 1 case
State v. Turnidge, 374 P.3d 853 (Or. 2016). “118 and ORS 163.125 respectively), murder (ORS 163.”
— Or. Rev. Stat. § 163.125(l)(e) — 1 case
State v. Crosby, 154 P.3d 97 (Or. 2007).
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