161.275, is a defense. [1971 c.743 �18] ����� 161.195 �Justification� described. (1) Unless inconsistent with other provisions of chapter 743, Oregon Laws 1971, defining justifiable use of physica

161.275, is a defense. [1971 c.743 �18]

����� 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.

����� 161.200 Choice of evils. (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:

����� (a) That conduct is necessary as an emergency measure to avoid an imminent public or private injury; and

����� (b) The threatened injury is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding the injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue.

����� (2) The necessity and justifiability of conduct under subsection (1) of this section shall not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. [1971 c.743 �20]

����� Note: See note under 161.015.

����� 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)(a) A parent or legal guardian of a minor child may use reasonable physical force upon the minor child when and to the extent the person reasonably believes the physical force is necessary to maintain discipline or promote the welfare of the minor child, unless the physical force constitutes abuse as defined in ORS 418.257 or