Oregon Statutes 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:
Terms Used In Oregon Statutes 161.205
- Arrest: Taking physical custody of a person by lawful authority.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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 419B.005.
(b) Personnel of a public education program, as that term is defined in ORS § 339.285, may use reasonable physical force upon a student only to the extent that the application of force is consistent with ORS § 339.285 to 339.303 and is not corporal punishment as defined in ORS § 339.250 (9).
(2) Subject to ORS § 161.237 and 421.107, an authorized official of a jail, prison or correctional facility, including a youth correction facility as defined in ORS § 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]
See note under 161.015.