162.135, 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 f

162.135, 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; 2023 c.27 �1]

����� Note: See note under 161.015.

����� 161.209 Use of physical force in defense of a person. Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 �22]

����� 161.210 [Repealed by 1971 c.743 �432]

����� 161.215 Limitations on use of physical force in defense of a person. (1) Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if:

����� (a) With intent to cause physical injury or death to another person, the person provokes the use of unlawful physical force by that person.

����� (b) 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.

����� (c) The physical force involved is the product of a combat by agreement not specifically authorized by law.

����� (d) The person would not have used physical force but for the discovery of the other person�s actual or perceived gender, gender identity, gender expression or sexual orientation.

����� (2) As used in this section, �gender identity� has the meaning given that term in ORS 166.155. [1971 c.743 �24; 2021 c.84 �2]

����� 161.219 Limitations on use of deadly physical force in defense of a person. Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

����� (1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or

����� (2) Committing or attempting to commit a burglary in a dwelling; or

����� (3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 �23]

����� 161.220 [Repealed by 1971 c.743 �432]

����� 161.225 Use of physical force in defense of premises. (1) A person in lawful possession or control of premises is justified in using physical force upon another person when and to the extent that the person reasonably believes it necessary to prevent or terminate what the person reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon the premises.

����� (2) A person may use deadly physical force under the circumstances set forth in subsection (1) of this section only:

����� (a) In defense of a person as provided in ORS 161.219; or

����� (b) When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser.

����� (3) As used in subsection (1) and subsection (2)(a) of this section, �premises� includes any building as defined in ORS 164.205 and any real property. As used in subsection (2)(b) of this section, �premises� includes any building. [1971 c.743 �25]

����� 161.229 Use of physical force in defense of property. A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that the person reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief of property. [1971 c.743 �26]

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

����� 161.233 Use of physical force by peace officer. (1) A peace officer may use physical force upon another person only when it is objectively reasonable, under the totality of circumstances known to the peace officer, to believe:

����� (a) That the person poses an imminent threat of physical injury to the peace officer or to a third person; or

����� (b) That the use of physical force is necessary to:

����� (A) Make a lawful arrest when the peace officer has probable cause to believe the person has committed a crime; or

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

����� (2) A peace officer may use physical force upon another person under this section only to the degree that the peace officer reasonably believes necessary to prevent physical injury under subsection (1)(a) of this section or to carry out a purpose described in subsection (1)(b) of this section.

����� (3) Prior to using 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 or using other available resources and techniques if reasonable, safe and feasible; and

����� (b) Give a verbal warning to the person that physical force may be used and provide the person with a reasonable opportunity to comply. [2020 s.s.2 c.3 �7]

����� 161.235 [1971 c.743 �27; 2020 s.s.1 c.3 �3; repealed by 2021 s.s.2 c.3 �17]

����� 161.237 Use of physical force involving pressure on throat or neck by peace officer or corrections officer. (1) Notwithstanding ORS 161.233, a peace officer or corrections officer is not justified in any circumstance in knowingly using physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under ORS 161.209 and 161.215.

����� (2) Notwithstanding ORS 161.233, it is not reasonable under any circumstance for a peace officer or corrections officer to knowingly use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under ORS 161.209 and