General Provisions

ORS 161.195
“Justification” described


(1)

Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physical force, or with some other provision of law, conduct which would otherwise constitute an offense is justifiable and not criminal when it is required or authorized by law or by a judicial decree or is performed by a public servant in the reasonable exercise of official powers, duties or functions.

(2)

As used in subsection (1) of this section, “laws and judicial decrees” include but are not limited to:

(a)

Laws defining duties and functions of public servants;

(b)

Laws defining duties of private citizens to assist public servants in the performance of certain of their functions;

(c)

Laws governing the execution of legal process;

(d)

Laws governing the military services and conduct of war; and

(e)

Judgments and orders of courts. [1971 c.743 §19]
Note: See note under 161.015 (General definitions).

Law Review Citations

50 WLR 291 (2014)

§§ 161.190 to 161.265

Notes of Decisions

Under Former Similar Statute (Ors 163.110)

There were cases where self-defense would not be a defense but the right to self-defense was still available to establish that the defendant was engaged in a lawful act at the time of the killing. State v. Leos, 7 Or App 211, 490 P2d 521 (1971)

Chapter 161

Notes of Decisions

A juvenile court adjudication of whether or not a child committed acts which would be a criminal violation if committed by an adult must necessarily include an adjudication of all affirmative defenses that would be available to an adult being tried for the same criminal violation. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Citations

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code

(Generally)

Notes of Decisions

Legislature's adoption of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021