ORS  Guide
Physical Force
Limitations on use of deadly physical force in defense of a person
ORS > Procedural Statutes > Physical Force > 161.219
regardless 161.209 (use of physical force in defense of a person), a person is not justified in using deadly physical force on someone else unless they reasonably believe 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
Limitations on use of physical force in defense of a person
ORS > Procedural Statutes > Physical Force > 161.215
(1) regardless of 161.209 (use of physical force in defense of a person), a person is not justified in using physical force on someone else if:
(a) with intent to cause physical injury or death to another person, they provoke the use of unlawful physical force by that person OR
(b) the person is the initial aggressor with the exception that the use of physical force on someone under such circumstances is justifiable if the person withdraws from the encounter & effectively communicates to the other person their intent to do so, but the other person still continues or threatens to continue the use of unlawful physical force OR
(c) the physical force involved is the product of a combat by agreement not specifically authorised by law
(d) the person would not have used physical force but for the discovery of the other person's actual or perceived gender, gender identity, gender expression or sexual orientation
Use of deadly physical force in making an arrest or preventing an escape
ORS > Procedural Statutes > Physical Force > 161.239
(a) the crime committed by the person was a felony or an attempt to commit a felony involving the use or threatened imminent use of physical force against a person OR
(b) the crime committed by the person was kidnapping, arson, escape in the first degree, burglary in the first degree or any attempt to commit such a crime OR
(c) regardless of the particular offense which is the subject of the arrest or attempted escape, the use of deadly physical force is necessary to defend the peace officer or another person from the use or threatened imminent use of deadly physical force OR
(d) the crime committed by the person was a felony or an attempt to commit a felony and under the totality of the circumstances existing at the time and place, the use of such force is necessary OR
(e) the officer's life or personal safety is endangered in the particular circumstances involved.
(2) Nothing in paragraph (1) constitutes justification for reckless or criminally negligent conduct by a peace officer amounting to an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody
Use of physical force by private person assisting an arrest
ORS > Procedural Statutes > Physical Force > 161.249
(1) except as provided (2), a person who has been directed by a peace officer to assist in making an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that they reasonably believe that force is 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 (1) may use deadly physical force to make an arrest or to prevent an escape only when:
(a) they reasonably believe deadly force is necessary for self-defense or to defend a third person from what they reasonably believe to be the use or imminent use of deadly physical force OR
(b) they are directed or authorised by the peace officer to use deadly physical force unless they know that the peace officer is not authorised to use deadly physical force under the circumstances
Use of physical force by private person making citizen's arrest
ORS > Procedural Statutes > Physical Force > 161.255
(1) Except as provided in (2), a private person acting on their own account is justified in using physical force on someone else when & to the extent that they reasonably believe it necessary to make an arrest or to prevent the escape from custody of an arrested person whom they have arrested under 133.225 (arrest by private person)
(2) a private person acting under the circumstances prescribed in (1) is justified in using deadly physical force only when they reasonably believe it necessary for self-defense or to defend a third person from what they reasonably believes to be the use or imminent use of deadly physical force
Use of physical force generally
ORS > Procedural Statutes > Physical Force > 161.205
(1) The use of physical force on another person that would normally be an offense is justifiable & not criminal under any of the following circumstances:
(a) a parent, guardian or other person entrusted with the care & supervision of a minor or an incompetent person may use reasonable physical force on them when & to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.
(b) public education program personnel may use reasonable physical force on a student when & to the extent the application of force is consistent with 339.291 (use of restraint or seclusion)
(2) subject to 421.107 (Use of dog for cell extraction prohibited) and ]HB4301 Ch. 3 Sec. 2 (Pressure on throat or neck), an authorised jail, prison or correctional facility official may use physical force when & to the extent that they reasonably believes it necessary to maintain order and discipline or as is authorised by law
(3) a person responsible for maintaining order in a common carrier of passengers, or acting under the direction of that person, may use physical force when & to the extent that the person reasonably believes it necessary to maintain order. Deadly physical force may only be used only when the person reasonably believes it necessary to prevent death or serious physical injury.
(4) a person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical self-injury may use physical force on that person to the extent that the person reasonably believes it necessary to prevent the result.
(5) a person may use physical force on another person in self-defense, defending a third person, defending property, making an arrest or preventing an escape, as prescribed in chapter 743, Oregon Laws 1971
Use of physical force in defense of a person
ORS > Procedural Statutes > Physical Force > 161.209
except as provided 161.215 (limitations on use of physical force in defense of a person) & 161.219 (limitations on use of deadly physical force in defense of a person) a person is justified in using physical force on someone else for self-defense or to defend a third person from what they reasonably believe is the use or imminent use of unlawful physical force, & they may use a degree of force which they reasonably believes to be necessary for the purpose
Use of physical force in defense of premises
ORS > Procedural Statutes > Physical Force > 161.225
(1) a person in lawful possession or control of premises is justified in using physical force on someone else - when & to the extent they reasonably believe it necessary - to prevent or end what they reasonably believe is the commission or attempted commission of a criminal trespass by the other person in or on the premises
(2) a person may use deadly physical force under the circumstances set forth in (1) of this section only:
(b) wWhen the person reasonably believes it necessary to prevent the commission of arson or a felony by force & violence by the trespasser.
(3) As used in (1) and (2)(a) premises includes any building & any real property. As used in (2)(b) premises includes any building
Use of physical force in defense of property
ORS > Procedural Statutes > Physical Force > 161.229
a person is justified in using physical force - other than deadly physical force - on someone else when & to the extent they believes it's necessary to prevent or end the commission or attempted commission by the other person of 164.015 (theft) or criminal mischief [1, 2, 3] of property
Use of physical force in making an arrest or preventing an escape
ORS > Procedural Statutes > Physical Force > 161.235
Except as provided in 161.239 (use of deadly physical force in making an arrest or preventing an escape) and ]HB4301 Ch. 3 Sec. 2 (Pressure on throat or neck), a peace officer is justified in using physical force upon another person only when and to the extent that the peace officer reasonably believes it necessary:
(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:
(2) for self-defense or to defend a third person from what the peace officer reasonably believes to be the use or imminent use of physical force while making or attempting to make an arrest or while preventing or attempting to prevent an escape
Use of physical force in resisting arrest prohibited
ORS > Procedural Statutes > Physical Force > 161.260
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 not
Use of physical force to prevent escape
ORS > Procedural Statutes > Physical Force > 161.265
(1) except as provided in HB4301 Ch. 3, Sec. 2 (Pressure on throat or neck), a guard or other peace officer employed in a correctional facility is justified in using physical force, including deadly physical force, on someone else if they pose an imminent threat of physical injury to the guard or peace officer or to a third person or if 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 paragraph only to the degree that they reasonably believe necessary to prevent the physical injury or escape
(2) regardless of paragraph (1), a guard or other peace officer employed by the Department of Corrections may not use deadly physical force in the circumstances described in 161.267(3) (Use of physical force by corrections officer or official employed by Department of Corrections)
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