Limitations on use of physical force in defense of a person
Source:
Section 161.215 — Limitations on use of physical force in defense of a person, https://www.oregonlegislature.gov/bills_laws/ors/ors161.html.
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)
Where defendant was initial aggressor and withdrew before victim reengaged, defendant’s self-defense justification is based upon defendant’s reasonable belief of victim’s “imminent use of unlawful physical force” under ORS 161.209; whether victim’s use of force was lawful or victim believed force was justified is irrelevant. State v. Bock, 310 Or App 329, 485 P3d 931 (2021)
Spitting in someone’s face is physical act that could support finding that one is “initial aggressor,” thus limiting availability of self-defense justification and supporting jury instruction with “initial aggressor” limitation. State v. Phillips, 313 Or App 1, 493 P3d 548 (2021), Sup Ct review denied
Law Review Citations
51 OLR 579-587 (1972)
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