State v. Petersen - 270 Or. 166, 526 P.2d 1008 (1974)

Rule:

ORS 163.125 should not be interpreted to extend to those cases in which the victim was a knowing and voluntary participant in the course of reckless conduct.

Facts:

Defendant Toby Edward Petersen and Richard Wille agreed to engage in a "drag race" on a street in Portland. Defendant had as his passenger Mike Barlow and Wille had as his passenger Daniel Warren. In the course of the race, Wille's vehicle was struck by a truck at an intersection and Warren was killed. Defendant was charged with and convicted of recklessly causing the death of another human being (manslaughter), ORS 163.125, and with leaving the scene of an accident in which his car was involved without giving his name and address and rendering assistance to the survivor, ORS 483.602, 483.991 (12). The appellate court affirmed defendant’s conviction, holding that defendant's reckless conduct was both the factual and legal cause of Warren's death and fell within the purpose of the proscription in ORS 163.125. Defendant challenged the decision.

Issue:

Under the circumstances, could defendant be held liable for manslaughter?

Answer:

No.

Conclusion:

The Court held that ORS 163.125 should not be interpreted to extend to those cases in which the victim was a knowing and voluntary participant in the course of reckless conduct. Accordingly, the judgment was reversed as to the conviction for the crime of manslaughter, and affirmed as to the violation of ORS 483.602.