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ORS 163.095

Applied in 345 court decisions — leading case Tison v. Arizona (1987)

Most recently applied in Guzek v. Fhuere (August 2025)

1977 c.370 §1; 1981 c.873 §1; 1991 c.742 §13; 1991 c.837 §12; 1993 c.185 §20; 1993 c.623 §2; 1997 c.850 §1; 2005 c.264 §17; 2012 c.54 §26; 2015 c.614 §149; 2019 c.635 §1

How often courts cite this section

197819902000201020202025180
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

As used in ORS 163.105 and this section, “aggravated murder” means:

(1) Criminal homicide of two or more persons that is premeditated and committed intentionally and with the intent to:

(a) Intimidate, injure or coerce a civilian population;

(b) Influence the policy of a government by intimidation or coercion; or

(c) Affect the conduct of a government through destruction of property, murder, kidnapping or aircraft piracy; or

(2) Murder in the second degree, as defined in ORS 163.115, that is:

(a)(A) Committed while the defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody; and

(B) Committed after the defendant was previously convicted in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder under this section or murder in the first degree under ORS 163.107;

(b) Premeditated and committed intentionally against a person under 14 years of age;

(c) Premeditated, committed intentionally against a police officer as defined in ORS 801.395, and related to the performance of the victim’s official duties; or

(d) Premeditated, committed intentionally against a correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons, and related to the performance of the victim’s official duties.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.