Oregon Manslaughter Laws: Degrees, Measure 11 and DUI Deaths (2026)

Oregon grades manslaughter in two degrees: manslaughter in the second degree under ORS 163.125 is a homicide "committed recklessly," a Class B felony with a 75-month mandatory minimum, and manslaughter in the first degree under ORS 163.118 adds extreme indifference to the value of human life (or an intentional killing under extreme emotional disturbance), a Class A felony with a 120-month mandatory minimum. Criminally negligent homicide (ORS 163.145) and aggravated vehicular homicide (ORS 163.149) complete the list of homicides below murder.

For the rules in other states, see our guide to manslaughter laws by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Oregon statutes on homicide below murder: manslaughter in the first and second degree (ORS 163.118 and 163.125), criminally negligent homicide (ORS 163.145), aggravated vehicular homicide (ORS 163.149), extreme emotional disturbance (ORS 163.135), the culpability definitions in ORS 161.085, and the sentencing and driving statutes tied to them. It does not cover murder sentencing (see how long a life sentence is in Oregon and our overview of murder sentencing guidelines), self-defense (see Oregon self-defense laws), civil lawsuits by surviving family (see Oregon wrongful death law), or federal offenses, which the manslaughter laws hub covers.

What is manslaughter in Oregon?

Oregon's criminal code starts from one definition. A person commits criminal homicide "if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being," and "'Criminal homicide' is murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide" (ORS 163.005(1)-(2)). For these offenses, "Human being means a person who has been born and was alive at the time of the criminal act" (ORS 163.005).

Manslaughter is divided into two degrees, and the first degree is not simply the intentional one. The second-degree statute reads:

"(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." ORS 163.125

Manslaughter in the first degree, a Class A felony (ORS 163.118(3)), covers four forms of criminal homicide:

• (a) Extreme indifference. It "is committed recklessly under circumstances manifesting extreme indifference to the value of human life."
• (b) Extreme emotional disturbance. 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) Child or dependent person. A person recklessly causes the death of a child under 14 or a dependent person (as defined in ORS 163.205), and either previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 or dependent person, or causes the death by neglect or maltreatment as defined in ORS 163.115.
• (d) Repeat impaired driving. 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 the person either has at least three convictions for listed impaired-driving offenses in the 10 years before the current offense, or has a previous first-, second- or third-degree assault conviction in which the victim's serious physical injury was caused by the person driving a motor vehicle (ORS 163.118(1)(d), (2)). For the assault route, it is an affirmative defense that the person was not under the influence of intoxicants at the time of the conduct behind the earlier conviction (ORS 163.118(4)(b)).

Oregon manslaughter and homicide offenses at a glance

The class ceilings come from two sections. ORS 161.605 sets "the maximum term of an indeterminate sentence of imprisonment for a felony": 20 years for a Class A felony, 10 years for Class B and 5 years for Class C. ORS 161.625(1) caps felony fines at $375,000 for Class A, $250,000 for Class B and $125,000 for Class C. Our guide to how Oregon sentences each felony class explains the class system in more detail.

Is manslaughter a felony in Oregon, and what is the sentence?

Yes. Every homicide offense in the table is a felony: manslaughter in the first degree and aggravated vehicular homicide are Class A felonies, and manslaughter in the second degree and criminally negligent homicide are Class B felonies.

Measure 11 mandatory minimums

ORS 137.700, commonly called Measure 11, sets minimum prison terms for listed offenses. For each one, "the court shall impose, and the person shall serve, at least the entire term of imprisonment listed." The section continues: "The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 or any other statute."

Criminally negligent homicide does not appear on the list, so its sentence follows the class ceiling and the Criminal Justice Commission's guidelines. When the death resulted from the operation of a motor vehicle and the driver was under the influence of intoxicants, ORS 163.147 directs the commission to classify manslaughter in the second degree and criminally negligent homicide as crime category 9 of its sentencing guidelines grid.

The narrow exception for manslaughter in the second degree

ORS 137.712 lets a court impose a sentence below the 75-month minimum for manslaughter in the second degree only when it finds a substantial and compelling reason under the commission's rules and makes specific findings on the record by a preponderance of the evidence. The court must find all of the listed conditions, which describe a parent who treated an adult dependent child's injury or illness, not caused by the parent, solely by spiritual treatment based on a good faith belief that it would bring about recovery, among others (ORS 137.712(2)(a)).

Repeat offenders

ORS 137.635 applies when a court sentences a defendant for one of its listed felonies and the defendant has a previous conviction for a listed felony. The list includes murder in any degree and manslaughter in the first degree. The court must impose a determinate sentence, the defendant "shall not be eligible for probation," and the defendant "shall serve the entire sentence imposed by the court."

Voluntary and involuntary manslaughter in Oregon

Oregon's statutes do not use the terms voluntary or involuntary manslaughter. A reader looking for those terms will find the offenses arranged instead by mental state:

• An intentional killing under extreme emotional disturbance, the closest match to what other states call voluntary manslaughter, is manslaughter in the first degree (ORS 163.118(1)(b)).
• A reckless killing is manslaughter in the second degree (ORS 163.125(1)(a)), or manslaughter in the first degree when it manifests extreme indifference to the value of human life (ORS 163.118(1)(a)).
• A criminally negligent killing is criminally negligent homicide (ORS 163.145).

The code defines the two lower mental states in ORS 161.085:

"(9) 'Recklessly,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation. (10) 'Criminal negligence' or 'criminally negligent,' when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation." ORS 161.085(9)-(10)

The line between them is awareness: a reckless person is aware of the risk and consciously disregards it, while a criminally negligent person fails to be aware of it.

Extreme indifference. The statutes do not define "extreme indifference to the value of human life." In State v. Boone, 294 Or 630, 661 P2d 917 (1983), the Oregon Supreme Court construed the identical phrase in the second-degree assault statute, not the manslaughter statute. It held that the language "does not create an additional culpable mental state" but does "require more than recklessness," so the jury "must find not only recklessness but also conduct which in addition to recklessness, manifests extreme indifference to the value of human life on the part of this defendant, as may be inferred from his conduct at the time of the event."

Can a killing be reduced from murder to manslaughter in Oregon?

Oregon's mitigation rule is extreme emotional disturbance, not heat of passion. Under ORS 163.118(1)(b), an intentional homicide committed under extreme emotional disturbance "as provided in ORS 163.135" is reduced from what would otherwise be murder to manslaughter in the first degree. ORS 163.135(1) sets the conditions:

"It is an affirmative defense to murder in the second degree for purposes of ORS 163.115 (1)(a) that the homicide was committed under the influence of extreme emotional disturbance if the disturbance is not the result of the person's own intentional, knowing, reckless or criminally negligent act and if there is a reasonable explanation for the disturbance. The reasonableness of the explanation for the disturbance must be determined from the standpoint of an ordinary person in the actor's situation under the circumstances that the actor reasonably believed them to be. Extreme emotional disturbance does not constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime." ORS 163.135(1)

The homicide sections contain no separate heat-of-passion or provocation rule.

The panic-defense ban

Oregon Laws 2021, chapter 84 (SB 704), added this limit to ORS 163.135:

"(4) The discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation, including but not limited to circumstances in which the victim made a romantic or sexual advance that was unwanted but did not involve force toward the defendant, does not constitute a reasonable explanation for an extreme emotional disturbance under this section." ORS 163.135(4)

The same act amended ORS 161.215, the section limiting self-defense, and applies to conduct occurring on or after its effective date, January 1, 2022. Self-defense rules are covered on our Oregon self-defense laws page.

Vehicular manslaughter and DUI deaths in Oregon

Oregon has no offense named DUI manslaughter, vehicular manslaughter or vehicular homicide. A death caused by driving falls under the general homicide sections, which escalate with the driver's impairment and record:

• Reckless driving death: manslaughter in the second degree (ORS 163.125(1)(a)), Class B, with the 75-month mandatory minimum; or manslaughter in the first degree (ORS 163.118(1)(a)) if it manifests extreme indifference to the value of human life.
• Criminally negligent driving death: criminally negligent homicide (ORS 163.145), Class B, with no Measure 11 minimum.
• Impaired driving death: the same offenses, depending on the driver's mental state. When manslaughter in the second degree or criminally negligent homicide results from the operation of a motor vehicle by a driver under the influence of intoxicants, the Criminal Justice Commission classifies it as crime category 9 (ORS 163.147).
• Impaired driver with prior DUI convictions: manslaughter in the first degree under ORS 163.118(1)(d), when a person operating a motor vehicle under the influence in violation of ORS 813.010 causes the death recklessly or with criminal negligence and either has at least three convictions for listed impaired-driving offenses in the preceding 10 years or has a previous first-, second- or third-degree assault conviction for a serious physical injury caused by the person driving (ORS 163.118(1)(d), (2)). Class A, 120-month mandatory minimum.
• Impaired driver with a prior fatal-driving conviction: aggravated vehicular homicide, described below.

Aggravated vehicular homicide

"(1) Criminal homicide constitutes aggravated vehicular homicide when it is committed with criminal negligence, recklessly or recklessly under circumstances manifesting extreme indifference to the value of human life by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and: (a) 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 (b) The victim's death in the previous conviction was caused by the person driving a motor vehicle." ORS 163.149(1)

The qualifying previous convictions are manslaughter in the first degree, manslaughter in the second degree and criminally negligent homicide (ORS 163.149(2)). "It is an affirmative defense to a prosecution under this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction" (ORS 163.149(3)). The offense is a Class A felony (ORS 163.149(4)) with a 240-month mandatory minimum under ORS 137.700.

Driver's license consequences

ORS 809.235 requires the court to order that a person's driving privileges "be permanently revoked" on conviction of aggravated vehicular homicide, "manslaughter in the first or second degree resulting from the operation of a motor vehicle, criminally negligent homicide resulting from the operation of a motor vehicle," and several other listed offenses. A petition to restore the privileges may be filed no sooner than 10 years after the person is released on parole or post-prison supervision, or after the other events the statute lists.

Careless driving that kills a vulnerable user. Careless driving is a traffic violation (ORS 811.135(2)). If the court determines that it contributed to the serious physical injury or death of a vulnerable user of a public way, the court must require a traffic safety course and 100 to 200 hours of community service, and must order, but suspend on condition of completing them, a fine of up to $12,500 and a one-year suspension of driving privileges (ORS 811.135(3)).

For impaired-driving penalties when no one dies, see Oregon DUI laws.

Leaving the scene, eluding police and suspended drivers

Leaving the scene. Failure to perform the duties of a driver to injured persons is a Class B felony "If a person suffers serious physical injury as defined in ORS 161.015 or dies as a result of the collision," and since Oregon Laws 2024, chapter 63 (effective March 27, 2024), that rule applies "to any place a collision is caused by the motion of a vehicle or its load" (ORS 811.705(3)). ORS 811.707 classifies the death or serious-injury form as crime category 8.

Boating accidents. The operator of a boat involved in an accident that results in injury or death to any person must stop at the scene and remain until meeting the statute's duties; failing to do so is a Class C felony (ORS 830.475(2), 830.990(10)). Oregon's boating chapter (ORS chapter 830) contains no boating-homicide offense, so a boating death falls under the general homicide sections.

Our Oregon hit-and-run laws page covers the driver's duties.

Fleeing or attempting to elude a police officer. ORS 811.540(3) makes the offense a Class C felony when committed as described in subsection (1)(b)(A) and a Class A misdemeanor when committed as described in (1)(b)(B). The section has no form graded by a resulting death.

Aggravated driving while suspended or revoked. A person commits this Class C felony by operating a motor vehicle "that causes serious physical injury to, or the death of, another person" while knowingly violating ORS 811.175 or 811.182, where the suspension or revocation resulted from a conviction for a criminal offense involving the use of a motor vehicle (ORS 163.196).

Criminal driving while suspended or revoked. Driving while suspended or revoked is a Class B felony when the suspension or revocation resulted from any degree of murder, manslaughter, criminally negligent homicide or assault resulting from the operation of a motor vehicle, from aggravated vehicular homicide, or from the other offenses ORS 811.182(3) lists.

Other homicide offenses below murder

Assisting a suicide. Intentionally causing or aiding another person to commit suicide is a form of manslaughter in the second degree (ORS 163.125(1)(b)), a Class B felony carrying the 75-month mandatory minimum. Actions taken in accordance with the Oregon Death with Dignity Act (ORS 127.800 to 127.897) "shall not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide, under the law" (ORS 127.880).

Child and dependent-person deaths. Both degrees of manslaughter include a form for the death of a child under 14 or a dependent person after a pattern or practice of assault or torture, or by neglect or maltreatment: recklessly causing the death is first degree (ORS 163.118(1)(c)) and causing it with criminal negligence is second degree (ORS 163.125(1)(c)).

Unborn victims. The homicide chapter defines a human being as "a person who has been born and was alive at the time of the criminal act" (ORS 163.005), and the homicide sections set out no separate unborn-victim offense.

Drug deaths. The homicide sections (ORS 163.005 to 163.149) contain no drug-delivery offense, but ORS 475.752(6) makes unlawfully manufacturing or delivering a Schedule IV controlled substance that causes another person's death a Class C felony; causation is established when the substance "plays a substantial role in the death of the other person." HB 2104 (2025), which proposed adding one to manslaughter in the second degree, remained in the House Judiciary Committee and was not enacted.

Other offenses graded by a resulting death

• Unmanned aircraft system causing death or serious physical injury, ORS 837.374(5): knowingly, intentionally or recklessly causing death or serious physical injury to another person by causing a drone to act in the ways the statute lists; Class A felony.
• Assisting another person to commit suicide, ORS 163.193: knowingly selling or otherwise transferring for consideration a substance or object capable of causing death, for the purpose of assisting another person to commit suicide; Class B felony. It does not apply to a person acting in accordance with the Death with Dignity Act.

Related driving offenses without a death tier:

• Reckless driving, ORS 811.140: Class A misdemeanor. Speed racing on a highway, ORS 811.125: Class A traffic violation. Organizing a speed racing event (including obstructing or barricading a highway to aid racing), ORS 811.127: Class A misdemeanor, Class C felony for a second or subsequent conviction within five years. Oregon Laws 2023, chapter 158 (SB 615), rewrote ORS 811.127 and amended ORS 811.140.

Recent changes

• 2021, effective January 1, 2022: Oregon Laws 2021, chapter 84 (SB 704) added the panic-defense limit in ORS 163.135(4) and amended ORS 161.215. It applies to conduct on or after January 1, 2022.
• 2023: Oregon Laws 2023, chapter 158 (SB 615) rewrote the offense of organizing a speed racing event in ORS 811.127 and added an intentional tire-spinning form to reckless driving in ORS 811.140.
• March 27, 2024: Oregon Laws 2024, chapter 63 (SB 1574) extended the leaving-the-scene felony in ORS 811.705 to any place a collision is caused by the motion of a vehicle or its load. The Class B grade for a death did not change.
• 2025 and 2026 sessions: no act of the 2025 regular session or the 2026 session amended ORS 163.118, 163.125, 163.135, 163.145, 163.149 or 137.700.

Federal law, 18 U.S.C. 1112, separately covers manslaughter on federal land and in other federal jurisdictions; the manslaughter laws hub explains it.

Related pages

• Manslaughter laws by state
• Oregon felony and misdemeanor classes
• Oregon DUI laws
• Oregon hit-and-run laws
• The difference between first, second and third degree manslaughter
• Washington manslaughter laws
• Idaho manslaughter laws

This article provides general legal information about Oregon law as of 2026-10-17. It is not legal advice. For a specific situation, contact a lawyer licensed in Oregon.

Last updated: 2026-10-17.

Frequently Asked Questions

Is manslaughter a felony in Oregon?

Yes. Manslaughter in the first degree is a Class A felony (ORS 163.118) and manslaughter in the second degree is a Class B felony (ORS 163.125). Criminally negligent homicide is also a Class B felony (ORS 163.145).

What is the sentence for manslaughter in the first degree in Oregon?

It is a Class A felony with a maximum indeterminate term of 20 years and a fine of up to $375,000 (ORS 161.605, 161.625). ORS 137.700 requires the court to impose, and the person to serve, at least 120 months, with no release on post-prison supervision or reduction during that term.

What is the mandatory minimum for manslaughter in the second degree in Oregon?

75 months under ORS 137.700. ORS 137.712 allows a lower sentence only when the court makes specific findings on the record, all of which must be met, describing a parent who treated an adult dependent child's injury or illness, not caused by the parent, solely by spiritual treatment in good faith, among other conditions.

What is the difference between first and second degree manslaughter in Oregon?

Second degree includes a homicide committed recklessly (ORS 163.125). First degree includes a reckless homicide under circumstances manifesting extreme indifference to the value of human life, or an intentional homicide under extreme emotional disturbance (ORS 163.118).

Does Oregon have voluntary and involuntary manslaughter?

Not by those names. The closest match to voluntary manslaughter is an intentional killing under extreme emotional disturbance, which is manslaughter in the first degree (ORS 163.118(1)(b)). Reckless killings are manslaughter, and criminally negligent killings are criminally negligent homicide (ORS 163.145).

What is the charge for a DUI death in Oregon?

Oregon has no offense named DUI manslaughter. Depending on the driver's mental state, it is manslaughter in the second degree, criminally negligent homicide, or manslaughter in the first degree; ORS 163.118(1)(d) covers an impaired driver who meets its prior-conviction conditions, and aggravated vehicular homicide (ORS 163.149) covers an impaired driver with a previous fatal-driving manslaughter or criminally negligent homicide conviction.

Is criminally negligent homicide a Measure 11 crime in Oregon?

No. ORS 137.700 lists manslaughter in the first and second degree and aggravated vehicular homicide, but not criminally negligent homicide. It is a Class B felony with a maximum of 10 years (ORS 161.605).

Does Oregon ban the gay or trans panic defense?

Yes, for conduct on or after January 1, 2022. Under ORS 163.135(4), the discovery of, knowledge about or potential disclosure of the victim's actual or perceived gender, gender identity, gender expression or sexual orientation is not a reasonable explanation for an extreme emotional disturbance.

Is assisted suicide manslaughter in Oregon?

Under ORS 163.125(1)(b), a person who intentionally causes or aids another person to commit suicide commits manslaughter in the second degree, a Class B felony. Actions taken in accordance with the Oregon Death with Dignity Act (ORS 127.800 to 127.897) do not, for any purpose, constitute suicide, assisted suicide, mercy killing or homicide (ORS 127.880). A separate Class B felony (ORS 163.193) covers knowingly selling or transferring for consideration a substance or object capable of causing death to assist a suicide.