Oregon's Vehicular Homicide and Manslaughter Laws and Penalties

A motorist who drives negligently or recklessly in Oregon and kills another person may face manslaughter or homicide charges.

An Oregon motorist who causes the death of another person while behind the wheel may be looking at criminal charges. Depending on the circumstances, a driving-related killing can result in a criminally negligent homicide, second-degree manslaughter, first-degree manslaughter, or aggravated vehicular homicide conviction.

This article explains how Oregon defines these offenses and the consequences of a conviction.

How Does Oregon Define Vehicular Homicide and Vehicular Manslaughter?

Oregon has several classifications of criminal driving-related killings. Below we explain how each type is defined.

Oregon's Criminally Negligent Homicide Law

A motorist who causes the death of another person while driving in a "criminally negligent" manner can be charged with criminally negligent homicide. Basically, a person acts with criminal negligence by unknowingly doing or failing to do something that creates a substantial risk to others. The person's action or inaction must amount to a "gross deviation" from what a reasonable person would do under like circumstances.

Oregon's Second-Degree Manslaughter Law

A motorist can be convicted of second-degree manslaughter for killing another person while driving in a reckless manner. Basically, a person acts recklessly by knowingly doing or failing to do something that creates a substantial risk to others. In other words, the person is aware of but disregards the dangerousness of the conduct. The person's action or inaction must amount to a gross deviation from what a reasonable person would do under like circumstances.

Oregon's First-Degree Manslaughter Law

A motorist can be convicted of first-degree manslaughter for killing another person while:

  • recklessly driving in a manner that shows an "extreme indifference to the value of human life," or
  • driving with recklessness or criminal negligence and in violation of the state's DUII (driving under the influence of intoxicants) laws, if the motorist has either three prior DUII convictions that occurred within the past ten years or a prior driving-related assault conviction involving serious bodily injury.

In other words, a person can be convicted of first-degree manslaughter under either of these two definitions.

Oregon's Aggravated Vehicular Homicide Law

A motorist can be convicted of aggravated vehicular homicide for causing the death of another person while in violation of the state's DUII laws if the driver:

  • was at least criminally negligent, and
  • has a prior driving-related manslaughter or criminally negligent homicide conviction.

Aggravated vehicular homicide is the most serious of driving-related killings.

Oregon's Vehicular Homicide and Manslaughter Penalties

The specific consequences of a driving-related killing depend on the circumstances. However, the possible penalties for each type of offense are described below.

Penalties for Criminally Negligent Vehicular Homicide in Oregon

Criminally negligent homicide is a class B felony. A convicted motorist is typically looking at 35 to 40 months in prison and up to $250,000 in fines. However, for DUI-related offenses, the prison time generally ranges from 61 to 65 months.

Penalties for Second-Degree Vehicular Manslaughter in Oregon

Second-degree manslaughter is a class B felony. A convicted motorist is typically looking at 35 to 40 months in prison and up to $250,000 in fines. However, for DUI-related offenses, the prison time generally ranges from 61 to 65 months.

Penalties for First-Degree Vehicular Manslaughter in Oregon

First-degree manslaughter is a class A felony. A convicted motorist is typically looking at 121 to 130 months in prison and up to $375,000 in fines.

Penalties for Aggravated Vehicular Homicide in Oregon

Aggravated vehicular homicide is a class A felony. A convicted motorist is typically looking at 121 to 130 months in prison and up to $375,000 in fines.

Talk to an Oregon Criminal Defense Attorney

The consequences of killing another person while driving can be serious. If you've been arrested for a driving-related killing—or any other crime—get in contact with a criminal defense attorney right away. The facts of every case are different. An experienced defense attorney can explain how the law applies to the facts of your case and help you decide on the best plan of action.

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