163.125, criminal homicide constitutes murder in the second degree: ����� (a) When it is committed intentionally, except that it is an affirmative defense that, at the time of the homicide, the defen

163.125, criminal homicide constitutes murder in the second degree:

����� (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