Felony murder rule in Oregon
# Felony murder rule in Oregon

In the state of Oregon, the common law felony murder rule has been codified in Oregon Revised Statutes § 163.115.

## Murder

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:

* 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

## Affirmative defenses

§ 163.115(3) provides affirmative defenses to murder under the felony murder rule. It is an affirmative defense that the defendant:

* Was not the only participant in the underlying crime;
* Did not commit or solicit the homicidal act;
* Was not armed by a deadly weapon;
* Had no reasonable ground to believe that any other participant was armed with a deadly weapon; and
* Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death.
