Oregon Statutes 163.149 – 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:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | up to 20 years | up to $375,000 |
Terms Used In Oregon Statutes 163.149
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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.
(2) The previous convictions to which subsection (1) of this section applies are:
(a) Manslaughter in the first degree under ORS § 163.118;
(b) Manslaughter in the second degree under ORS § 163.125; or
(c) Criminally negligent homicide under ORS § 163.145.
(3) 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.
(4) Aggravated vehicular homicide is a Class A felony. [2007 c.867 § 1]
163.149 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.