US Laws, Codes, Statutes & Cases

Chapter 163 — Offenses Against Persons

 

2007 EDITION

 

OFFENSES AGAINST PERSONS

 

CRIMES AND PUNISHMENTS

 

HOMICIDE

 

163.005     Criminal homicide

 

163.095     “Aggravated murder” defined

 

163.103     Pleading, proof and stipulation regarding previous conviction element in aggravated murder case

 

163.105     Sentencing options for aggravated murder

 

163.115     Murder; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term

 

163.117     Aiding commission of suicide not murder

 

163.118     Manslaughter in the first degree

 

163.125     Manslaughter in the second degree

 

163.135     Extreme emotional disturbance as affirmative defense to murder; notice of expert testimony; right of state to psychiatric or psychological examination

 

163.145     Criminally negligent homicide

 

163.147     Crime category classification for manslaughter in second degree and criminally negligent homicide

 

163.149     Aggravated vehicular homicide

 

163.150     Sentencing for aggravated murder; proceedings; issues for jury

 

ASSAULT AND RELATED OFFENSES

 

163.160     Assault in the fourth degree

 

163.165     Assault in the third degree

 

163.175     Assault in the second degree

 

163.185     Assault in the first degree

 

163.187     Strangulation

 

163.190     Menacing

 

163.195     Recklessly endangering another person

 

163.197     Hazing

 

163.200     Criminal mistreatment in the second degree

 

163.205     Criminal mistreatment in the first degree

 

163.206     Application of ORS 163.200 and 163.205

 

163.207     Female genital mutilation

 

163.208     Assaulting a public safety officer

 

163.211     Definitions for ORS 163.211 to 163.213

 

163.212     Unlawful use of an electrical stun gun, tear gas or mace in the second degree

 

163.213     Unlawful use of an electrical stun gun, tear gas or mace in the first degree

 

KIDNAPPING AND RELATED OFFENSES

 

163.215     Definitions for ORS 163.215 to 163.257

 

163.225     Kidnapping in the second degree

 

163.235     Kidnapping in the first degree

 

163.245     Custodial interference in the second degree

 

163.257     Custodial interference in the first degree

 

163.261     Definitions for ORS 163.263 and 163.264

 

163.263     Subjecting another person to involuntary servitude in the second degree

 

163.264     Subjecting another person to involuntary servitude in the first degree

 

163.266     Trafficking in persons

 

163.269     Victim assertion of defense of duress

 

COERCION

 

163.275     Coercion

 

163.285     Defense to coercion

 

SEXUAL OFFENSES

 

163.305     Definitions

 

163.315     Incapacity to consent; effect of lack of resistance

 

163.325     Ignorance or mistake as a defense

 

163.345     Age as a defense in certain cases

 

163.355     Rape in the third degree

 

163.365     Rape in the second degree

 

163.375     Rape in the first degree

 

163.385     Sodomy in the third degree

 

163.395     Sodomy in the second degree

 

163.405     Sodomy in the first degree

 

163.408     Unlawful sexual penetration in the second degree

 

163.411     Unlawful sexual penetration in the first degree

 

163.412     Exceptions to unlawful sexual penetration prohibition

 

163.415     Sexual abuse in the third degree

 

163.425     Sexual abuse in the second degree

 

163.427     Sexual abuse in the first degree

 

163.431     Definitions for ORS 163.432 to 163.434

 

163.432     Online sexual corruption of a child in the second degree

 

163.433     Online sexual corruption of a child in the first degree

 

163.434     Provisions applicable to online sexual corruption of a child

 

163.435     Contributing to the sexual delinquency of a minor

 

163.445     Sexual misconduct

 

163.448     Definitions for ORS 163.452 and 163.454

 

163.452     Custodial sexual misconduct in the first degree

 

163.454     Custodial sexual misconduct in the second degree

 

163.465     Public indecency

 

163.466     Public indecency; felony; sentencing classification

 

163.467     Private indecency

 

163.476     Unlawfully being in a location where children regularly congregate

 

163.479     Unlawful contact with a child

 

OFFENSES AGAINST FAMILY

 

163.505     Definitions for certain provisions of ORS 163.505 to 163.575

 

163.515     Bigamy

 

163.525     Incest

 

163.535     Abandonment of a child

 

163.537     Buying or selling a person under 18 years of age

 

163.545     Child neglect in the second degree

 

163.547     Child neglect in the first degree

 

163.555     Criminal nonsupport

 

163.565     Evidence of paternity; confidentiality between husband and wife not applicable; spouses competent and compellable witnesses

 

163.575     Endangering the welfare of a minor

 

163.577     Failing to supervise a child

 

163.580     Posting of signs concerning sale of smoking devices

 

VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN

 

163.665     Definitions for ORS 163.670 to 163.693

 

163.670     Using child in display of sexually explicit conduct

 

163.676     Exemption from prosecution under ORS 163.684

 

163.682     Exceptions to ORS 163.665 to 163.693

 

163.684     Encouraging child sexual abuse in the first degree

 

163.686     Encouraging child sexual abuse in the second degree

 

163.687     Encouraging child sexual abuse in the third degree

 

163.688     Possession of materials depicting sexually explicit conduct of a child in the first degree

 

163.689     Possession of materials depicting sexually explicit conduct of a child in the second degree

 

163.690     Lack of knowledge of age of child as affirmative defense

 

163.693     Failure to report child pornography

 

INVASION OF PRIVACY

 

163.700     Invasion of personal privacy

 

163.702     Exceptions to ORS 163.700

 

MISCELLANEOUS

 

163.705     Polygraph examination of victims in certain criminal cases prohibited

 

163.707     Forfeiture of motor vehicle used in drive-by shooting

 

163.709     Unlawful directing of light from a laser pointer

 

STALKING

 

163.730     Definitions for ORS 30.866 and 163.730 to 163.750

 

163.732     Stalking

 

163.735     Citation; form

 

163.738     Effect of citation; contents; hearing; court’s order; use of statements made at hearing

 

163.741     Service of order; entry of order into law enforcement data systems

 

163.744     Initiation of action to obtain a citation; complaint form

 

163.750     Violating court’s stalking protective order

 

163.753     Immunity of officer acting in good faith

 

163.755     Activities for which stalking protective order may not be issued

 

HOMICIDE

 

      163.005 Criminal homicide. (1) A person commits criminal homicide if, without justification or excuse, the person intentionally, knowingly, recklessly or with criminal negligence causes the death of another human being.

      (2) “Criminal homicide” is murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide.

      (3) “Human being” means a person who has been born and was alive at the time of the criminal act. [1971 c.743 §87; 2007 c.867 §4]

 

      163.010 [Amended by 1963 c.625 §4; repealed by 1971 c.743 §432]

 

      163.020 [Amended by 1963 c.625; §5; repealed by 1971 c.743 §432]

 

      163.030 [Repealed by 1963 c.431 §1]

 

      163.040 [Repealed by 1971 c.743 §432]

 

      163.050 [Repealed by 1971 c.743 §432]

 

      163.060 [Repealed by 1969 c.684 §17]

 

      163.070 [Repealed by 1971 c.743 §432]

 

      163.080 [Repealed by 1971 c.743 §432]

 

      163.090 [Amended by 1953 c.676 §2; repealed by 1957 c.396 §1 (163.091 enacted in lieu of 163.090)]

 

      163.091 [1957 c.396 §2 (enacted in lieu of 163.090); repealed by 1971 c.743 §432]

 

      163.095 “Aggravated murder” defined. As used in ORS 163.105 and this section, “aggravated murder” means murder as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances:

      (1)(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.

      (b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.

      (c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of murder as defined in ORS 163.115 or manslaughter in the first degree as defined in ORS 163.118.

      (d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505.

      (e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.

      (f) The victim of the intentional homicide was a person under the age of 14 years.

      (2)(a) The victim was one of the following and the murder was related to the performance of the victim’s official duties in the justice system:

      (A) A police officer as defined in ORS 181.610;

      (B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons;

      (C) A member of the Oregon State Police;

      (D) A judicial officer as defined in ORS 1.210;

      (E) A juror or witness in a criminal proceeding;

      (F) An employee or officer of a court of justice; or

      (G) A member of the State Board of Parole and Post-Prison Supervision.

      (b) The defendant was confined in a state, county or municipal penal or correctional facility or was otherwise in custody when the murder occurred.

      (c) The defendant committed murder by means of an explosive as defined in ORS 164.055.

      (d) Notwithstanding ORS 163.115 (1)(b), the defendant personally and intentionally committed the homicide under the circumstances set forth in ORS 163.115 (1)(b).

      (e) The murder was committed in an effort to conceal the commission of a crime, or to conceal the identity of the perpetrator of a crime.

      (f) The murder was committed after the defendant had escaped from a state, county or municipal penal or correctional facility and before the defendant had been returned to the custody of the facility. [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]

 

      163.100 [Amended by 1967 c.372 §12; repealed by 1971 c.743 §432]

 

      163.103 Pleading, proof and stipulation regarding previous conviction element in aggravated murder case. (1) In a prosecution for aggravated murder under ORS 163.095 (1)(c), the state shall plead the previous conviction, and shall prove the previous conviction unless the defendant stipulates to that fact prior to trial. If the defendant so stipulates and the trial is by jury:

      (a) The court shall accept the stipulation regardless of whether or not the state agrees to it;

      (b) The defendant’s stipulation to the previous conviction constitutes a judicial admission to that element of the accusatory instrument. The stipulation shall be made a part of the record of the case, but shall not be offered or received in the presence of the jury;

      (c) For the purpose of establishing the prior conviction solely as an element of the crime under ORS 163.095 (1)(c), neither the court nor the state shall reveal to the jury the previous conviction, but the previous conviction is established in the record by the defendant’s stipulation; and

      (d) The court shall not submit the accusatory instrument or evidence of the previous conviction to the jury.

      (2) In a proceeding under ORS 163.095 (1)(c), the state may offer, and the court may receive and submit to the jury, evidence of the previous conviction for impeachment of the defendant or another purpose, other than establishing the conviction as an element of the offense, when the evidence of the previous conviction is otherwise admissible for that purpose. When evidence of the previous conviction has been admitted by the court, the state may comment upon, and the court may give instructions about, the evidence of the previous conviction only to the extent that the comments or instructions relate to the purpose for which the evidence was admitted.

      (3) When the defendant stipulates to the prior conviction required as an element of aggravated murder under ORS 163.095 (1)(c), if the jury finds the defendant guilty upon instruction regarding the balance of the elements of the crime, the court shall enter a judgment of guilty of aggravated murder. [1981 c.873 §3]

 

      163.105 Sentencing options for aggravated murder. Notwithstanding the provisions of ORS chapter 144 and ORS 421.450 to 421.490:

      (1)(a) Except as otherwise provided in ORS 137.700, when a defendant is convicted of aggravated murder as defined by ORS 163.095, the defendant shall be sentenced, pursuant to ORS 163.150, to death, life imprisonment without the possibility of release or parole or life imprisonment.

      (b) A person sentenced to life imprisonment without the possibility of release or parole under this section shall not have that sentence suspended, deferred or commuted by any judicial officer, and the State Board of Parole and Post-Prison Supervision may not parole the prisoner nor reduce the period of confinement in any manner whatsoever. The Department of Corrections or any executive official may not permit the prisoner to participate in any sort of release or furlough program.

      (c) If sentenced to life imprisonment, the court shall order that the defendant shall be confined for a minimum of 30 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

      (2) At any time after completion of a minimum period of confinement pursuant to subsection (1)(c) of this section, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue is whether or not the prisoner is likely to be rehabilitated within a reasonable period of time. At the hearing, the prisoner has:

      (a) The burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time;

      (b) The right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense; and

      (c) The right to a subpoena upon a showing of the general relevance and reasonable scope of the evidence sought, provided that any subpoena issued on behalf of the prisoner must be issued by the State Board of Parole and Post-Prison Supervision pursuant to rules adopted by the board.

      (3) If, upon hearing all of the evidence, the board, upon a unanimous vote of all of its members, finds that the prisoner is capable of rehabilitation and that the terms of the prisoner’s confinement should be changed to life imprisonment with the possibility of parole, release to post-prison supervision or work release, it shall enter an order to that effect and the order shall convert the terms of the prisoner’s confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise the board shall deny the relief sought in the petition.

      (4) The board’s final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order.

      (5) Not less than two years after the denial of the relief sought in a petition under this section, the prisoner may petition again for a change in the terms of confinement. Further petitions for a change may be filed at intervals of not less than two years thereafter. [1977 c.370 §2; 1981 c.873 §4; 1985 c.3 §1; 1987 c.158 §23; 1987 c.803 §20; 1989 c.720 §1; 1991 c.126 §8; 1995 c.421 §2; 1999 c.59 §31; 1999 c.782 §5; 2007 c.717 §1]

 

      Note: Section 4, chapter 717, Oregon Laws 2007, provides:

      Sec. 4. (1) The amendments to ORS 144.110, 163.105 and 163.115 by sections 1, 2 and 3 of this 2007 Act apply to hearings conducted on or after the effective date of this 2007 Act [June 28, 2007].

      (2) Notwithstanding subsection (1) of this section, the amendments to ORS 144.110, 163.105 and 163.115 by sections 1, 2 and 3 of this 2007 Act do not apply to hearings conducted on or after the effective date of this 2007 Act if:

      (a) The prisoner has petitioned the State Board of Parole and Post-Prison Supervision for a hearing under ORS 163.105 or 163.115 prior to the effective date of this 2007 Act;

      (b) The prisoner was eligible for a hearing at the time the petition was filed; and

      (c) The prisoner has not been granted a hearing on the petition that was filed prior to the effective date of this 2007 Act. [2007 c.717 §4]

 

      163.110 [Repealed by 1971 c.743 §432]

 

      163.115 Murder; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term. (1) Except as provided in ORS 163.118 and 163.125, criminal homicide constitutes murder:

      (a) When it is committed intentionally, except that it is an affirmative defense that, at the time of the homicide, the defendant was under the influence of an extreme emotional disturbance;

      (b) When it is committed by a person, acting either alone or with one or more persons, who commits or attempts to commit any of the following crimes and in the course of and in furtherance of the crime the person is committing or attempting to commit, or during the immediate flight therefrom, the person, or another participant if there be any, causes the death of a person other than one of the participants:

      (A) Arson in the first degree as defined in ORS 164.325;

      (B) Criminal mischief in the first degree by means of an explosive as defined in ORS 164.365;

      (C) Burglary in the first degree as defined in ORS 164.225;

      (D) Escape in the first degree as defined in ORS 162.165;

      (E) Kidnapping in the second degree as defined in ORS 163.225;

      (F) Kidnapping in the first degree as defined in ORS 163.235;

      (G) Robbery in the first degree as defined in ORS 164.415;

      (H) Any felony sexual offense in the first degree defined in this chapter;

      (I) Compelling prostitution as defined in ORS 167.017; or

      (J) Assault in the first degree, as defined in ORS 163.185, and the victim is under 14 years of age, or assault in the second degree, as defined in ORS 163.175 (1)(a) or (b), and the victim is under 14 years of age; or

      (c) By abuse when a person, recklessly under circumstances manifesting extreme indifference to the value of human life, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:

      (A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or

      (B) The person causes the death by neglect or maltreatment.

      (2) An accusatory instrument alleging murder by abuse under subsection (1)(c) of this section need not allege specific incidents of assault or torture.

      (3) It is an affirmative defense to a charge of violating subsection (1)(b) of this section that the defendant:

      (a) Was not the only participant in the underlying crime;

      (b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid in the commission thereof;

      (c) Was not armed with a dangerous or deadly weapon;

      (d) Had no reasonable ground to believe that any other participant was armed with a dangerous or deadly weapon; and

      (e) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death.

      (4) It is an affirmative defense to a charge of violating subsection (1)(c)(B) of this section that the child or dependent person was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the child or person or the parent or guardian of the child or person.

      (5)(a) A person convicted of murder, who was at least 15 years of age at the time of committing the murder, shall be punished by imprisonment for life.

      (b) When a defendant is convicted of murder under this section, the court shall order that the defendant shall be confined for a minimum of 25 years without possibility of parole, release to post-prison supervision, release on work release or any form of temporary leave or employment at a forest or work camp.

      (c) At any time after completion of a minimum period of confinement pursuant to paragraph (b) of this subsection, the State Board of Parole and Post-Prison Supervision, upon the petition of a prisoner so confined, shall hold a hearing to determine if the prisoner is likely to be rehabilitated within a reasonable period of time. The sole issue is whether or not the prisoner is likely to be rehabilitated within a reasonable period of time. At the hearing the prisoner has:

      (A) The burden of proving by a preponderance of the evidence the likelihood of rehabilitation within a reasonable period of time; and

      (B) The right, if the prisoner is without sufficient funds to employ an attorney, to be represented by legal counsel, appointed by the board, at board expense; and

      (C) The right to a subpoena upon a showing of the general relevance and reasonable scope of the evidence sought, provided that any subpoena issued on behalf of the prisoner must be issued by the State Board of Parole and Post-Prison Supervision pursuant to rules adopted by the board.

      (d) If, upon hearing all of the evidence, the board, upon a unanimous vote of all of its members, finds that the prisoner is capable of rehabilitation and that the terms of the prisoner’s confinement should be changed to life imprisonment with the possibility of parole, release to post-prison supervision or work release, it shall enter an order to that effect and the order shall convert the terms of the prisoner’s confinement to life imprisonment with the possibility of parole, release to post-prison supervision or work release and may set a release date. Otherwise, the board shall deny the relief sought in the petition.

      (e) The board’s final order shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the underlying facts supporting the findings as to each contested issue of fact and as to each ultimate fact required to support the board’s order.

      (f) Not less than two years after the denial of the relief sought in a petition under paragraph (c) of this subsection, the prisoner may petition again for a change in the terms of confinement. Further petitions for a change may be filed at intervals of not less than two years thereafter.

      (6) As used in this section:

      (a) “Assault” means to intentionally, knowingly or recklessly cause physical injury to another person. “Assault” does not include the causing of physical injury in a motor vehicle accident that occurs by reason of the reckless conduct of a defendant.

      (b) “Neglect or maltreatment” means a violation of ORS 163.535, 163.545 or 163.547 or a failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of a child under 14 years of age or a dependent person. This paragraph is not intended to replace or affect the duty or standard of care required under ORS chapter 677.

      (c) “Pattern or practice” means one or more previous episodes.

      (d) “Torture” means to intentionally inflict intense physical pain upon an unwilling victim as a separate objective apart from any other purpose. [1971 c.743 §88; 1975 c.577 §1; 1979 c.2 §1; 1981 c.873 §5; 1985 c.763 §1; 1989 c.985 §1; 1993 c.664 §1; 1995 c.421 §3; 1995 c.657 §1; 1997 c.850 §2; 1999 c.782 §4; 2007 c.717 §2]

 

      Note: See note under 163.105.

 

      163.116 [1979 c.2 §3; repealed by 1981 c.873 §9]

 

      163.117 Aiding commission of suicide not murder. It is a defense to a charge of murder that the defendant’s conduct consisted of causing or aiding, without the use of duress or deception, another person to commit suicide. Nothing contained in this section shall constitute a defense to a prosecution for, or preclude a conviction of, manslaughter or any other crime. [1981 c.873 §8]

 

      163.118 Manslaughter in the first degree. (1) Criminal homicide constitutes manslaughter in the first degree when:

      (a) It is committed recklessly under circumstances manifesting extreme indifference to the value of human life;

      (b) It is committed intentionally by a defendant under the influence of extreme emotional disturbance as provided in ORS 163.135, which constitutes a mitigating circumstance reducing the homicide that would otherwise be murder to manslaughter in the first degree and need not be proved in any prosecution;

      (c) A person recklessly causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:

      (A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or

      (B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115; or

      (d) It is committed recklessly or with criminal negligence by a person operating a motor vehicle while under the influence of intoxicants in violation of ORS 813.010 and:

      (A) The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010, or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or

      (B)(i) 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

      (ii) The victim’s serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

      (2) The previous convictions to which subsection (1)(d)(B) of this section applies are:

      (a) Assault in the first degree under ORS 163.185;

      (b) Assault in the second degree under ORS 163.175; or

      (c) Assault in the third degree under ORS 163.165.

      (3) Manslaughter in the first degree is a Class A felony.

      (4) It is an affirmative defense to a charge of violating:

      (a) Subsection (1)(c)(B) of this section that the child or dependent person was under care or treatment solely by spiritual means pursuant to the religious beliefs or practices of the child or person or the parent or guardian of the child or person.

      (b) Subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction. [1975 c.577 §2; 1981 c.873 §6; 1997 c.850 §3; 2007 c.867 §2]

 

      163.120 [Repealed by 1971 c.743 §432]

 

      163.125 Manslaughter in the second degree. (1) Criminal homicide constitutes manslaughter in the second degree when:

      (a) It is committed recklessly;

      (b) A person intentionally causes or aids another person to commit suicide; or

      (c) A person, with criminal negligence, causes the death of a child under 14 years of age or a dependent person, as defined in ORS 163.205, and:

      (A) The person has previously engaged in a pattern or practice of assault or torture of the victim or another child under 14 years of age or a dependent person; or

      (B) The person causes the death by neglect or maltreatment, as defined in ORS 163.115.

      (2) Manslaughter in the second degree is a Class B felony. [1971 c.743 §89; 1975 c.577 §3; 1997 c.850 §4; 1999 c.954 §1]

 

      163.130 [Repealed by 1971 c.743 §432]

 

      163.135 Extreme emotional disturbance as affirmative defense to murder; notice of expert testimony; right of state to psychiatric or psychological examination. (1) It is an affirmative defense to murder for purposes of ORS 163.115 (1)(a) that the homicide was committed under the influence of extreme emotional disturbance if the disturbance is not the result of the person’s own intentional, knowing, reckless or criminally negligent act and if there is a reasonable explanation for the disturbance. The reasonableness of the explanation for the disturbance must be determined from the standpoint of an ordinary person in the actor’s situation under the circumstances that the actor reasonably believed them to be. Extreme emotional disturbance does not constitute a defense to a prosecution for, or preclude a conviction of, manslaughter in the first degree or any other crime.

      (2) The defendant may not introduce in the defendant’s case in chief expert testimony regarding extreme emotional disturbance under this section unless the defendant gives notice of the defendant’s intent to do so.

      (3) The notice required must be in writing and must be filed at the time the defendant pleads not guilty. The defendant may file the notice at any time after the defendant pleads but before trial if the court determines that there was just cause for failure to file the notice at the time of the defendant’s plea.