(12-16-2020, 03:13 PM)FaceInTheCrowd Wrote: Oregon's "trafficking in persons" offense is a subset of kidnapping and the penalty is about the same as that for the lesser grades of homicide (causing death through negligence or recklessness). And if one is convicted of that, then the fact that someone died during its commission is what makes an offender subject to the homicide charge. IOW, you can be hit with both charges.
If you commit even the lowest grade "Class C" felony and someone dies during it, that's "felony murder."
I believe Juliette could be charged with human trafficking. I'm not so certain she could be charged with Kelly's murder.
A portion of the state law on the subject of murder:
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:
Kidnapping in the second degree as defined in ORS 163.225 (Kidnapping in the second degree);
(1)A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:
(a)Takes the person from one place to another; or
(b)Secretly confines the person in a place where the person is not likely to be found.
Kidnapping in the second degree is a Class B felony. [1971 c.743 §98; 2005 c.22 §111]
Kelly kidnapped Diana. Her intent was to interfere substantially with Diana's freedom. In order to accomplish that, she took her from Nick's house to a secret location. It's possible a jury may not assess a murder penalty against Juliette because of the legislation that definitely shows Kelly committed a felony kidnapping. The commonality here is Diana. They were all participants in her multiple kidnappings.
Any guesses at the maximum penalty these people would get as the result of this mess?
The best way to frustrate a cyberbully is to ignore him.