ORS § 163.095 : CRIMES AND PUNISHMENTS — OFFENSES AGAINST PERSONS —HOMICIDE — "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.

ORS 163.095

Amended by 2019 Ch. 635,§ 1, eff. 9/29/2019.

Amended by 2015 Ch. 614,§ 149, eff. 6/30/2015, op. 1/1/2016.

Amended by 2012 Ch. 54,§ 26, eff. 3/16/2012.

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

Section 30, chapter 635, Oregon Laws 2019, provides:

Sec. 30. Section 3 of this 2019 Act [163.107] and the amendments to ORS 40.355, 133.705, 136.450, 137.635, 137.700, 137.707, 144.079, 144.085, 144.110, 161.005, 161.405, 161.535, 163.095, 163.098, 163.103, 163.115, 163.135, 163.150, 163.707, 342.143, 419A.260, 419C.349, 419C.352, 419C.501, 421.121, 443.004 and 671.610 by sections 1 and 4 to 29 of this 2019 Act apply to crimes committed before, on or after the effective date of this 2019 Act [September 29, 2019] that are the subject of sentencing proceedings occurring on or after the effective date of this 2019 Act. [2019 c. 635, § 30]