ORS 161.205
Use of physical force generally

The use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances:

(1)

Intentionally left blank —Ed.

(a)

A parent, guardian or other person entrusted with the care and supervision of a minor or an incompetent person may use reasonable physical force upon such minor or incompetent person when and to the extent the person reasonably believes it necessary to maintain discipline or to promote the welfare of the minor or incompetent person.

(b)

Personnel of a public education program, as that term is defined in ORS 339.285 (Definitions for ORS 339.285 to 339.303), may use reasonable physical force upon a student when and to the extent the application of force is consistent with ORS 339.285 (Definitions for ORS 339.285 to 339.303) to 339.303 (Rules for complaints, investigations and seclusion rooms).

(2)

Subject to ORS 161.237 (Use of physical force involving pressure on throat or neck by peace officer or corrections officer) and 421.107 (Use of dog for cell extraction prohibited), an authorized official of a jail, prison or correctional facility may use physical force when and to the extent that the official reasonably believes it necessary to maintain order and discipline or as is authorized by law.

(3)

A person responsible for the maintenance of order in a common carrier of passengers, or a person acting under the direction of the person, may use physical force when and to the extent that the person reasonably believes it necessary to maintain order, but the person may use deadly physical force 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 upon that person to the extent that the person reasonably believes it necessary to thwart the result.

(5)

A person may use physical force upon another person in self-defense or in defending a third person, in defending property, in making an arrest or in preventing an escape, as hereafter prescribed in chapter 743, Oregon Laws 1971. [1971 c.743 §21; 1981 c.246 §1; 2011 c.665 §§10,11; 2013 c.133 §4; 2013 c.267 §4; 2019 c.267 §7; 2019 c.333 §2; 2020 s.s.2 c.3 §2]
Note: See note under 161.015 (General definitions).

Source: Section 161.205 — Use of physical force generally, https://www.­oregonlegislature.­gov/bills_laws/ors/ors161.­html.

Notes of Decisions

Generally, existence of statutory defense to criminal prosecution does not necessarily mean that civil liability can be avoided as well. Hatfield v. Gracen, 279 Or 303, 567 P2d 546 (1977)

Where arrest is made with excessive force, arrestee may use reasonable physical force in self-defense against excessive force being used by arresting officer. State v. Wright, 310 Or 430, 799 P2d 642 (1990)

Law Review Citations

19 WLR 166 (1983)

161.005
Short title 161.015
General definitions 161.025
Purposes 161.035
Application of Criminal Code 161.045
Limits on application 161.055
Burden of proof as to defenses 161.067
Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations 161.085
Definitions with respect to culpability 161.095
Requirements for criminal liability 161.105
Culpability requirement inapplicable to certain violations and offenses 161.115
Construction of statutes with respect to culpability 161.125
Drug or controlled substance use or dependence or intoxication as defense 161.150
Criminal liability described 161.155
Criminal liability for conduct of another 161.160
Exclusion of defenses to criminal liability for conduct of another 161.165
Exemptions to criminal liability for conduct of another 161.170
Criminal liability of corporations 161.175
Criminal liability of an individual for corporate conduct 161.190
Justification as a defense 161.195
“Justification” described 161.200
Choice of evils 161.205
Use of physical force generally 161.209
Use of physical force in defense of a person 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 161.225
Use of physical force in defense of premises 161.229
Use of physical force in defense of property 161.233
Use of physical force by peace officer 161.237
Use of physical force involving pressure on throat or neck by peace officer or corrections officer 161.242
Use of deadly physical force by peace officer 161.245
“Reasonable belief” described 161.249
Use of physical force by private person assisting an arrest 161.255
Use of physical force by private person making citizen’s arrest 161.260
Use of physical force in resisting arrest prohibited 161.265
Use of physical force by guard or peace officer employed in correctional facility 161.267
Use of physical force by corrections officer or official employed by Department of Corrections 161.270
Duress 161.275
Entrapment 161.290
Incapacity due to immaturity 161.295
Effect of qualifying mental disorder 161.300
Evidence of qualifying mental disorder admissible as to intent 161.305
Qualifying mental disorder as affirmative defense 161.309
Notice of mental defense 161.313
Jury instructions 161.315
Right of state to obtain mental examination of defendant 161.319
Form of verdict on guilty except for insanity 161.325
Finding of guilty except for insanity 161.326
Notice to victim 161.327
Commitment or conditional release of person found guilty except for insanity of felony 161.328
Commitment of person found guilty except for insanity of misdemeanor 161.329
Order of discharge 161.332
“Conditional release” defined 161.336
Conditional release by board 161.341
Application for discharge or conditional release 161.346
Hearings on discharge, conditional release, commitment or modification 161.348
Judicial review 161.349
Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration 161.351
Discharge by board 161.355
Definitions 161.360
Qualifying mental disorder affecting fitness to proceed 161.362
Requirements for recommendations, determinations and orders 161.365
Procedure for determining issue of fitness to proceed 161.367
Gaining or regaining fitness 161.370
Determination of fitness to proceed 161.371
Procedures upon commitment of defendant 161.372
Involuntary administration of medication for fitness to proceed 161.373
Records for fitness to proceed examination 161.375
Escape of person placed at hospital or facility 161.385
Psychiatric Security Review Board 161.387
Board to implement policies 161.390
Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities 161.392
Certification of psychiatrists and licensed psychologists 161.395
Subpoena power 161.397
Psychiatric Security Review Board Account 161.398
Restorative justice program 161.400
Leave of absence 161.405
“Attempt” described 161.425
Impossibility not a defense 161.430
Renunciation as a defense to attempt 161.435
Solicitation 161.440
Renunciation as defense to solicitation 161.450
“Criminal conspiracy” described 161.455
Conspiratorial relationship 161.460
Renunciation as defense to conspiracy 161.465
Duration of conspiracy 161.475
Defenses to solicitation and conspiracy 161.485
Multiple convictions barred in inchoate crimes 161.505
“Offense” described 161.515
“Crime” described 161.525
“Felony” described 161.535
Classification of felonies 161.545
“Misdemeanor” described 161.555
Classification of misdemeanors 161.566
Misdemeanor treated as violation 161.568
Misdemeanor treated as violation 161.570
Felony treated as misdemeanor 161.585
Classification of certain crimes determined by punishment 161.605
Maximum terms of imprisonment for felonies 161.610
Enhanced penalty for use of firearm during commission of felony 161.615
Maximum terms of imprisonment for misdemeanors 161.620
Sentences imposed upon waiver 161.625
Fines for felonies 161.635
Fines for misdemeanors 161.645
Standards for imposing fines 161.655
Fines for corporations 161.665
Costs 161.675
Time and method of payment of fines, restitution and costs 161.685
Effect of nonpayment of fines, restitution or costs 161.705
Reduction of certain felonies to misdemeanors 161.710
Reduction of certain felony driving offenses after completion of sentence 161.715
Standards for discharge of defendant 161.725
Standards for sentencing of dangerous offenders 161.735
Procedure for determining whether defendant dangerous 161.737
Sentence imposed on dangerous offender as departure from sentencing guidelines 161.740
Sentencing of juvenile offenders
Green check means up to date. Up to date

Current through early 2024

§ 161.205’s source at oregon​.gov