Oregon Manslaughter Sentencing Calculator

Question 1

What is manslaughter in Oregon?

Accepted Answer

Manslaughter in Oregon refers to unlawfully causing the death of another person through reckless conduct, but without the premeditation required for murder. It is divided into two degrees under Oregon law. ORS 163.118 defines Manslaughter in the First Degree as recklessly causing death under circumstances manifesting extreme indifference to the value of human life. ORS 163.125 defines Manslaughter in the Second Degree as recklessly causing the death of another person without that extreme indifference element.

Question 2

What's the difference between Manslaughter 1 and Manslaughter 2 in Oregon?

Accepted Answer

The primary difference is the level of recklessness and the resulting penalties. Manslaughter 1 (ORS 163.118) requires circumstances manifesting extreme indifference to the value of human life, is classified as a Class A felony, and is a Measure 11 offense with a mandatory minimum sentence of 120 months (10 years). Manslaughter 2 (ORS 163.125) involves recklessly causing death without that extreme indifference element, is a Class B felony, is not subject to Measure 11, and is sentenced based on the Oregon Sentencing Guidelines Grid, typically resulting in significantly lower sentences for defendants with minimal criminal history.

Question 3

Is Manslaughter 1 a Measure 11 offense in Oregon?

Accepted Answer

Yes, Manslaughter in the First Degree (ORS 163.118) is a Measure 11 offense under ORS 137.700. This means it carries a mandatory minimum sentence of 120 months (10 years) in prison with no possibility of early release, reduced sentence, or work release during that period. Judges have very limited discretion to depart below this mandatory minimum except in extraordinary circumstances involving substantial assistance to law enforcement or under approved plea arrangements.

Question 4

What is the maximum sentence for Manslaughter 2 in Oregon?

Accepted Answer

Manslaughter in the Second Degree is a Class B felony with a statutory maximum sentence of 10 years (120 months) under ORS 161.605. However, actual sentences are typically much lower and are based on the Oregon Sentencing Guidelines Grid. For example, a defendant with minimal criminal history (Category I) might receive probation or a short prison term, while a defendant with extensive criminal history (Category A) could face approximately 30-40 months in prison. Aggravating factors may support upward departures, but sentences cannot exceed the 10-year statutory maximum.

Question 5

Can the sentence be reduced if restitution is paid?

Accepted Answer

Payment of full restitution may be considered a mitigating factor under Oregon sentencing law, but it typically does not, by itself, result in a sentence reduction below the presumptive range or mandatory minimum. For Manslaughter 1, paying restitution does not eliminate or reduce the 120-month Measure 11 mandatory minimum. For Manslaughter 2, restitution combined with other mitigating circumstances (such as acceptance of responsibility, minimal criminal history, and lack of aggravating factors) may support a request for a downward departure under OAR 213-008, but such departures require substantial and compelling reasons and are subject to judicial discretion.

Feature	Manslaughter 1	Manslaughter 2
Statute	ORS 163.118	ORS 163.125
Classification	Class A Felony	Class B Felony
Measure 11 Offense	Yes	No
Mandatory Minimum	120 months (10 years)	None (grid-based)
Statutory Maximum	20 years	10 years
Crime Seriousness Level	Level 10	Level 8
Post-Prison Supervision	36 months	36 months
Maximum Fine	$375,000	$250,000

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Understanding Manslaughter in Oregon

Key Differences Between Manslaughter 1 and 2

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Manslaughter 1 Calculator

Manslaughter 2 Calculator

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Frequently Asked Questions

What is manslaughter in Oregon?

What's the difference between Manslaughter 1 and Manslaughter 2 in Oregon?

Is Manslaughter 1 a Measure 11 offense in Oregon?

What is the maximum sentence for Manslaughter 2 in Oregon?

Can the sentence be reduced if restitution is paid?

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