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]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163 — Offenses Against Persons
2025 EDITION
OFFENSES AGAINST PERSONS
CRIMES AND PUNISHMENTS
HOMICIDE
ASSAULT AND RELATED OFFENSES
KIDNAPPING AND RELATED OFFENSES
COERCION
SEXUAL OFFENSES
OFFENSES AGAINST FAMILY
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
INVASION OF PRIVACY
MISCELLANEOUS
STALKING
SEXUAL ABUSE RESTRAINING ORDERS
HOMICIDE
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Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:163.095 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: c7bbe8ab18f756e794be3665c6e5a4a964b6576a3903d8e1f98ce15bae9d9a3e Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.095 (all printed versions and notes)
Stored source content
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]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163.105 Sentencing options for aggravated murder. Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490:
(1)(a) Except as otherwise provided in ORS 137.707, when a defendant is convicted of aggravated murder as defined by ORS 163.095, the defendant shall be sentenced, pursuant to ORS 163.150, to death, life imprisonment without the possibility of release or parole or life imprisonment.
(b) A person sentenced to life imprisonment without the possibility of release or parole under this section 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.
(c) If sentenced to life imprisonment, the court shall order that the defendant shall 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.
(2) At any time after completion of a minimum period of confinement pursuant to subsection (1)(c) 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 or not 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 li
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 P
163.115 Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term. (1) Except as provided in ORS 163.095, 163.118 and 163.125, criminal homicide constitutes murder in the second degree:
(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;
(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 the course of and in furtherance of the crime the person is committing or attempting to commit, or during the immediate flight therefrom, the person, or another participant if there be any, causes the death of a person other than one of the participants:
(A) Arson in the first degree as defined in ORS 164.325;
(B) Criminal mischief in the first degree by means of an explosive as defined in ORS 164.365;
(C) Burglary in the first degree as defined in ORS 164.225;
(D) Escape in the first degree as defined in ORS 162.165;
(E) Kidnapping in the second degree as defined in ORS 163.225;
(F) Kidnapping in the first degree as defined in ORS 163.235;
(G) Robbery in the first degree as defined in ORS 164.415;
(H) Any felony sexual offense in the first degree defined in this chapter;
(I) Compelling prostitution as defined in ORS 167.017; or
(J) Assault in the first degree, as defined in ORS 163.185, and the victim is under 14 years of age, or assault in the second degree, as defined in ORS 163.175 (1)(a) or (b), and the victim is under 14 years of age; or
(c) By abuse when a person, recklessly under circumstances manifesting extreme indifference to the value of human life, cau
163.707 Forfeiture of motor vehicle used in drive-by shooting. (1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture.
(2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A.
(3) As used in this section, “drive-by shooting” means discharge of a firearm from a motor vehicle while committing or attempting to commit:
(a) Aggravated murder under ORS 163.095;
(b) Murder in any degree under ORS 163.107 or 163.115;
(c) Manslaughter in any degree under ORS 163.118 or 163.125;
(d) Assault in any degree under ORS 163.160, 163.165, 163.175 or 163.185;
(e) Menacing under ORS 163.190;
(f) Recklessly endangering another person under ORS 163.195;
(g) Assaulting a public safety officer under ORS 163.208; or
(h) A bias crime in any degree under ORS 166.155 or 166.165. [1999 c.870 §1; 2009 c.78 §57; 2019 c.553 §14; 2019 c.635 §20]
Note: 163.707 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
166.715 Definitions for ORS 166.715 to 166.735. As used in ORS 166.715 to 166.735, unless the context requires otherwise:
(1) “Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(2) “Enterprise” includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(3) “Investigative agency” means the Department of Justice or any district attorney.
(4) “Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS 131.505 to 131.525 or 419A.190 or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudicatio