1,304 indexed section records · 9 chapters · Snapshot built 2026-10-08 UTC · Machine extraction unreviewed
1,304 matching snapshot records. 2025 edition snapshot. Printed versions and notes are retained; later amendments and operative text require review.
ORS Chapter 161 · 2025 edition · Machine extracted
161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:
(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]
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161.220 [Repealed by 1971 c.743 §432]
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161.225 Use of physical force in defense of premises. (1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.
(2) A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:
(a) In defense of a person as provided in ORS 161.219; or
(b) When the person reasonably believes it necessary to pre
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161.229 Use of physical force in defense of property. A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. [1971 c.743 §26]
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161.230 [Repealed by 1971 c.743 §432]
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161.233 Use of physical force by peace officer. (1) A peace officer may use physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe:
(a) That the person poses an imminent threat of physical injury to the peace officer or to a third person; or
(b) That the use of physical force is necessary to:
(A) Make a lawful arrest when the peace officer has probable cause to believe the person has committed a crime; or
(B) Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a crime.
(2)
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161.235 [1971 c.743 §27; 2020 s.s.1 c.3 §3; repealed by 2021 s.s.2 c.3 §17]
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161.237 Use of physical force involving pressure on throat or neck by peace officer or corrections officer. (1) Notwithstanding ORS 161.233, a peace officer or corrections officer is not justified in any circumstance in knowingly using physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under ORS 161.209 and 161.215.
(2) Notwithstanding ORS 161.233, it is not reasonable under any circumstance for a peace officer or corrections officer to knowingly use physical force that impede
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161.239 [1971 c.743 §28; 2020 s.s.2 c.3 §3; repealed by 2020 s.s.2 c.3 §17]
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161.240 [Repealed by 1971 c.743 §432]
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161.242 Use of deadly physical force by peace officer. (1) A peace officer may use deadly physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe that the person poses an imminent threat of death or serious physical injury to the peace officer or to a third person and the use of deadly physical force is necessary to:
(a) Make a lawful arrest when the peace officer has probable cause to believe the person has committed a violent felony;
(b) Defend the peace officer or a third person from the imminent threat of death or serious physical injury; or
(
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161.245 “Reasonable belief” described; status of unlawful arrest. (1) For the purposes of ORS 161.233 and 161.242, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which, if true, would constitute an offense.
(2) A peace officer who is making an arrest is justified in using the physical force prescribed in ORS 161.233 and 161.242 unless the arrest is unlawful and is known by the officer to be unlawful. [1971 c.743 §29; 2020 s.s.2 c.3 §9]
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161.249 Use of physical force by private person assisting an arrest. (1) Except as provided in subsection (2) of this section, a person who has been directed by a peace officer to assist the peace officer to make an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that the person reasonably believes that force to be necessary to carry out the peace officer’s direction.
(2) A person who has been directed to assist a peace officer under circumstances specified in subsection (1) of this section may use deadly physical force to make an arrest or to prevent an escape only when:
(a) The perso
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161.250 [Repealed by 1971 c.743 §432]
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161.255 Use of physical force by private person making citizen’s arrest. (1) Except as provided in subsection (2) of this section, a private person acting on the person’s own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225.
(2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense
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161.260 Use of physical force in resisting arrest prohibited. A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful. [1971 c.743 §32]
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161.265 Use of physical force by guard or peace officer employed in correctional facility. (1) Except as provided in ORS 161.237, a guard or other peace officer employed in a correctional facility, as that term is defined in ORS 162.135, is justified in using physical force, including deadly physical force, upon another person if the person poses an imminent threat of physical injury to the guard or peace officer or to a third person or the guard or peace officer reasonably believes it necessary to prevent the escape of a prisoner from a correctional facility. The guard or peace officer may use physical force under this subsection only to the
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161.267 Use of physical force by corrections officer or official employed by Department of Corrections. (1) As used in this section:
(a) “Colocated minimum security facility” means a Department of Corrections institution that has been designated by the Department of Corrections as a minimum security facility and has been located by the department on the grounds of a medium or higher security Department of Corrections institution.
(b) “Department of Corrections institution” has the meaning given that term in ORS 421.005.
(c) “Stand-alone minimum security facility” means a Department of Corrections institution that has been designated by the
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161.270 Duress. (1) The commission of acts which would otherwise constitute an offense, other than murder, is not criminal if the actor engaged in the proscribed conduct because the actor was coerced to do so by the use or threatened use of unlawful physical force upon the actor or a third person, which force or threatened force was of such nature or degree to overcome earnest resistance.
(2) Duress is not a defense for one who intentionally or recklessly places oneself in a situation in which it is probable that one will be subjected to duress.
(3) It is not a defense that a spouse acted on the command of the other spouse, unless the spous
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161.275 Entrapment. (1) The commission of acts which would otherwise constitute an offense is not criminal if the actor engaged in the proscribed conduct because the actor was induced to do so by a law enforcement official, or by a person acting in cooperation with a law enforcement official, for the purpose of obtaining evidence to be used against the actor in a criminal prosecution.
(2) As used in this section, “induced” means that the actor did not contemplate and would not otherwise have engaged in the proscribed conduct. Merely affording the actor an opportunity to commit an offense does not constitute entrapment. [1971 c.743 §35]
RESP
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