Does Oregon have "felony murder" law?

[63splitwindow]

I hope so and that they charge Bundy, et al, with murder under same. Their actions constituted multiple felonies and resulted, tonight, in the death of one of their fellow law breakers.

[The Velveteen Ocelot]

1. Yes.

Oregon Revised Statutes § 163.115 says anyone who commits or attempts to commit a predicate felony, and in furtherance of the crime or in the immediate flight therefrom, causes the death of a person other than one of the participants is guilty of murder. The predicate felonies are:

Arson in the first degree
Criminal mischief in the first degree by means of an explosive
Burglary in the first degree
Escape in the first degree
Kidnapping in the first or second degree
Robbery in the first degree
Any felony sexual offense in the first degree
Compelling prostitution
Assault in the first or second degree against a victim younger than 14

[Nevernose]

3. Interesting that they specify felonies

In some other states, it's any felony, not a proscribed list.

[rocktivity]

15. Burglary in the first degree

works for me!


rocktivity

[revmclaren]

2. This is a good link...

http://criminal.lawyers.com/criminal-law-basics/murder-during-the-commission-of-a-felony.html

[Old Codger]

4. I guess it depends

I am not sure, seems that they are being charged with federal crimes, not sure how state laws come into effect here..Federal murder laws are more complicated than most state murder statutes but usually a murder charge comes from the state it is committed in...gets a little complicated when both enforcement agencies are involved..

[63splitwindow]

6. Is there a federal "felony murder" law? n/t

[Old Codger]

10. Federal "murder" laws

Are very very complicated, almost always they use state law wherever it occurs, Oregon has a murder law that does allow for a murder charge to be brought into play if the death occurs during the commission of a felony regardless of who actually causes the death it is considered murder by the felons (this is all I can find and may be out of date)

[63splitwindow]

12. From another thread...

Under § 163.115, anyone in a group or alone that commits or attempts to commit a predicate felony, and in furtherance of the crime or in the immediate flight therefrom causes the death of a person other than one of the participants is guilty of murder. The predicate felonies are:[2]
Arson in the first degree
Criminal mischief in the first degree by means of an explosive
Burglary in the first degree
Escape in the first degree
Kidnapping in the first or second degree
Robbery in the first degree
Any felony sexual offense in the first degree
Compelling prostitution
Assault in the first or second degree against a victim younger than 14

[longship]

5. Who did they murder?

I haven't heard of any deaths except Finicum and he was one of the perpetrators.

So, if nobody else died, it cannot be felony murder.

I guess I don't understand your post. If nobody died it is not murder, is it?

[63splitwindow]

7. That is precisely what 'felony murder" doctrine means.

It says if two guys are robbing a bank (for example) and one of them is shot and killed by the police the other can be charged with "felony murder".

[Calista241]

8. If anyone dies, either victims or co-perpetrators, during the commission of a crime

then you can be charged with their deaths.

The example is, you and a buddy break into a house to rob the place. Your buddy gets shot by the homeowner during commission of the break in, and you can be charged with his death.

[longship]

9. Thank you for the replies.

One learns something new every day.

Much obliged to both responders.

[MissB]

13. I explained that concept to my sons tonight.

I used the bank robber scenario where one of the accomplices is the getaway driver. If anyone is shot and killed during the robbery, the idiot waiting in the car will also be facing a murder charge.

[longship]

14. Thx!

[rocktivity]

16. And let's say that one of the bank customers was elderly with a weak heart

Last edited Tue Feb 21, 2023, 05:36 PM - Edit history (8)

and drops dead of fright during the robbery -- the entire gang could be charged with their death, too.

But there's "good news" for the driver of the getaway car: if his driving fatally injures anyone in the course of making the gang's escape, his companions can be charged with their felony murders right along with him!


rocktivity

[NutmegYankee]

11. If someone dies while you are committing a felony, you can be charged with their death.

https://en.wikipedia.org/wiki/Felony_murder_rule