General Provisions

ORS 161.215
Limitations on use of physical force in defense of a person


Notwithstanding ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using physical force upon another person if:

(1)

With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person; or

(2)

The person is the initial aggressor, except that the use of physical force upon another person under such circumstances is justifiable if the person withdraws from the encounter and effectively communicates to the other person the intent to do so, but the latter nevertheless continues or threatens to continue the use of unlawful physical force; or

(3)

The physical force involved is the product of a combat by agreement not specifically authorized by law. [1971 c.743 §24]

Notes of Decisions

Application of limitations of this section on claim of self-defense depends on facts of each case and because defendant has no burden to disprove limitations, defendant's instruction on self-defense was not incomplete in failing to include limitations of this section. State v. Freeman, 109 Or App 472, 820 P2d 37 (1991)

Law Review Citations

51 OLR 579-587 (1972)

§§ 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