Title 161 · ORS Chapter 161

161.215. ����� (3) As used in this section, �corrections officer� means a guard, peace officer or other official employed in a jail, prison or correctional facility, including a youth correction faci

Citation: ORS 161.215

Section: 161.215

161.215.

����� (3) As used in this section, �corrections officer� means a guard, peace officer or other official employed in a jail, prison or correctional facility, including a youth correction facility, who primarily performs the duty of custody, control or supervision of individuals charged with or convicted of a crime or otherwise confined under a court order. [2020 s.s.1 c.3 �2; 2020 s.s.2 c.3 ��1,10]

����� 161.239 [1971 c.743 �28; 2020 s.s.2 c.3 �3; repealed by 2020 s.s.2 c.3 �17]

����� 161.240 [Repealed by 1971 c.743 �432]

����� 161.242 Use of deadly physical force by peace officer. (1) A peace officer may use deadly physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe that the person poses an imminent threat of death or serious physical injury to the peace officer or to a third person and the use of deadly physical force is necessary to:

����� (a) Make a lawful arrest when the peace officer has probable cause to believe the person has committed a violent felony;

����� (b) Defend the peace officer or a third person from the imminent threat of death or serious physical injury; or

����� (c) Prevent the escape from custody of the person when the peace officer has probable cause to believe the person has committed a violent felony.

����� (2) Prior to using deadly physical force upon another person, if the peace officer has a reasonable opportunity to do so, the peace officer shall:

����� (a) Consider alternatives such as verbal de-escalation, waiting, using other available resources and techniques if reasonable, safe and feasible, or using a lesser degree of force; and

����� (b) Give a verbal warning to the person that deadly physical force may be used and provide the person with a reasonable opportunity to comply.

����� (3) Nothing in subsection (1) of this section constitutes justification for reckless or criminally negligent conduct by a peace officer constituting an offense against or with respect to innocent persons whom the peace officer is not seeking to arrest or retain in custody.

����� (4) As used in this section, �violent felony� has the meaning given that term in ORS 419A.004. [2020 s.s.2 c.3 �8]

����� 161.245 �Reasonable belief� described; status of unlawful arrest. (1) For the purposes of ORS 161.233 and 161.242, a reasonable belief that a person has committed an offense means a reasonable belief in facts or circumstances which, if true, would constitute an offense.

����� (2) A peace officer who is making an arrest is justified in using the physical force prescribed in ORS 161.233 and 161.242 unless the arrest is unlawful and is known by the officer to be unlawful. [1971 c.743 �29; 2020 s.s.2 c.3 �9]

����� 161.249 Use of physical force by private person assisting an arrest. (1) Except as provided in subsection (2) of this section, a person who has been directed by a peace officer to assist the peace officer to make an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that the person reasonably believes that force to be 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 subsection (1) of this section may use deadly physical force to make an arrest or to prevent an escape only when:

����� (a) The person reasonably believes that force to be necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force; or

����� (b) The person is directed or authorized by the peace officer to use deadly physical force unless the person knows that the peace officer is not authorized to use deadly physical force under the circumstances. [1971 c.743 �30]

����� 161.250 [Repealed by 1971 c.743 �432]

����� 161.255 Use of physical force by private person making citizen�s arrest. (1) Except as provided in subsection (2) of this section, a private person acting on the person�s own account is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to make an arrest or to prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225.

����� (2) A private person acting under the circumstances prescribed in subsection (1) of this section is justified in using deadly physical force only when the person reasonably believes it necessary for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of deadly physical force. [1971 c.743 �31; 1973 c.836 �339]

����� 161.260 Use of physical force in resisting arrest prohibited. 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 unlawful. [1971 c.743 �32]

����� 161.265 Use of physical force by guard or peace officer employed in correctional facility. (1) Except as provided in ORS