(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:\n(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\n(b) The victim’s death in the previous conviction was caused by the person driving a motor vehicle.\n(2) The previous convictions to which subsection (1) of this section applies are:\n(a) Manslaughter in the first degree under ORS 163.118;\n(b) Manslaughter in the second degree under ORS 163.125; or\n(c) Criminally negligent homicide under ORS 163.145.\n(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.\n(4) Aggravated vehicular homicide is a Class A felony. this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.\n(4) Aggravated vehicular homicide is a Class A felony. [2007 c.867 §1]\nNote:\n163.149 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.
Oregon Legal Code