Use of Force Laws in Oregon

Overview

Oregon's use of force laws are codified primarily in ORS Chapter 161 (General Provisions — Justification), sections 161.190 through 161.275. Oregon does not have a statutory "Stand Your Ground" law, but the Oregon Supreme Court has held that there is no duty to retreat before using force in self-defense in public. (State v. Sandoval, 342 Ore. 506, 513-514 (2007); State v. Lang, 215 Ore. App. 15, 18 (2007)).

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Justification as a Defense (ORS 161.190)

In any prosecution for an offense, justification as defined in ORS 161.195 to 161.275 is a defense.

"Justification" Described (ORS 161.195)

Conduct that would otherwise constitute an offense is justifiable and not criminal when:

• It is required or authorized by law or by a judicial decree, or
• It is performed by a public servant in the reasonable exercise of official powers, duties, or functions

Choice of Evils (ORS 161.200)

Conduct that would otherwise constitute an offense is justifiable and not criminal when:

• The conduct is necessary as an emergency measure to avoid an imminent public or private injury, and
• 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

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Use of Physical Force in Defense of a Person (ORS 161.209)

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. The person may use a degree of force which the person reasonably believes to be necessary for the purpose.

No Duty to Retreat

Oregon does not impose a legal duty to retreat before using force in self-defense. The Oregon Supreme Court confirmed in State v. Sandoval (2007): "The legislature did not intend to require a person to retreat before using deadly force against the imminent use of deadly physical force by another."

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Limitations on Use of Physical Force in Defense of a Person (ORS 161.215)

A person is NOT justified in using physical force upon another person if:

1. Provocation: The person provokes the use of unlawful physical force with intent to cause physical injury or death
2. Initial Aggressor: The person is the initial aggressor — unless the person withdraws from the encounter and effectively communicates the intent to do so, but the other person nevertheless continues or threatens to continue the use of unlawful physical force
3. Combat by Agreement: The physical force is the product of a combat by agreement not specifically authorized by law
4. Bias Motivation: 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 (added by 2021 c.84 §2)

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Limitations on Use of Deadly Physical Force in Defense of a Person (ORS 161.219)

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

Note: Oregon allows deadly force to be used if someone is committing or attempting to commit a burglary in a dwelling, and for second degree burglary the dwelling does not need to be occupied (ORS 161.219).

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Use of Physical Force in Defense of Premises (ORS 161.225)

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.

Deadly Force in Defense of Premises

A person may use deadly physical force in defense of premises only:

• In defense of a person as provided in ORS 161.219; or
• When the person reasonably believes it necessary to prevent the commission of arson or a felony by force and violence by the trespasser

Definition of "Premises":

• For general physical force (subsection 1) and defense of person (subsection 2(a)): includes any building (as defined in ORS 164.205) and any real property
• For preventing arson/felony by force (subsection 2(b)): includes any building

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Use of Physical Force in Defense of Property (ORS 161.229)

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.

Important: Deadly force is generally not justified solely to protect property. Only non-deadly force may be used to prevent theft or criminal mischief.

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Use of Physical Force Generally (ORS 161.205)

The use of physical force upon another person that would otherwise constitute an offense is justifiable under the following circumstances:

1. Parental discipline: A parent or legal guardian may use reasonable physical force upon a minor child when reasonably believed necessary to maintain discipline or promote welfare (unless it constitutes abuse under ORS 418.257 or 419B.005)
2. Correctional facilities: An authorized official of a jail, prison, or correctional facility may use physical force when reasonably believed necessary to maintain order and discipline (subject to ORS 161.237 and 421.107)
3. Common carriers: A person responsible for maintaining order in a common carrier of passengers may use physical force when reasonably believed necessary to maintain order; deadly physical force only when reasonably believed necessary to prevent death or serious physical injury
4. Suicide prevention: A person acting under a reasonable belief that another person is about to commit suicide or inflict serious physical self-injury may use physical force to the extent reasonably believed necessary to thwart the result
5. Self-defense, defense of others, defense of property, making arrests, preventing escapes: As prescribed elsewhere in Chapter 161

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Use of Physical Force in Resisting Arrest (ORS 161.260)

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.

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Citizen's Arrest — Use of Force (ORS 161.255)

A private person acting on their own account is justified in using physical force upon another person when and to the extent reasonably believed necessary to:

• Make an arrest, or
• Prevent the escape from custody of an arrested person whom the person has arrested under ORS 133.225

Deadly force in a citizen's arrest is justified 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.

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Private Person Assisting an Arrest (ORS 161.249)

A person directed by a peace officer to assist in making an arrest or preventing an escape is justified in using physical force when and to the extent reasonably believed necessary to carry out the officer's direction.

Deadly force may be used only when:

• The person reasonably believes it necessary for self-defense or to defend a third person from the use or imminent use of deadly physical force; or
• The person is directed or authorized by the peace officer to use deadly physical force (unless the person knows the officer is not authorized to use it)

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Duress (ORS 161.270)

The commission of acts that would otherwise constitute an offense (other than murder) is not criminal if the actor was coerced by the use or threatened use of unlawful physical force of such nature or degree to overcome earnest resistance. Duress is not a defense for one who intentionally or recklessly places oneself in a situation where duress is probable.

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Key Principles for Concealed Carry Permit Holders

Reasonable Belief Standard

The use of force must be based on a reasonable belief that force is necessary. Courts consider:

• Whether the danger was immediate and unavoidable
• Whether the level of force was proportional to the perceived threat
• Whether the aggressor appeared to have the ability, opportunity, and intent to cause harm
• Whether other options were available

Proportionality

The level of force used must be proportional to the threat faced:

• Non-deadly force: May be used to prevent minor physical harm, theft, criminal mischief, or criminal trespass
• Deadly force: May only be used when facing the threat of death, serious physical injury, a felony involving force, or a burglary in a dwelling

Key Limitations to Remember

• You cannot claim self-defense if you provoked the confrontation (unless you clearly withdrew and communicated that intent)
• You cannot use deadly force solely to protect property
• You cannot use force in retaliation after a threat has passed
• You cannot resist arrest by a peace officer, even if the arrest is unlawful
• Force used based on bias against someone's gender identity, gender expression, or sexual orientation is not justified

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Relevant Statute Citations

Key Case Law

• State v. Sandoval, 342 Ore. 506, 513-514 (2007) — No duty to retreat before using deadly force against the imminent use of deadly physical force
• State v. Lang, 215 Ore. App. 15, 18 (2007) — Affirming no duty to retreat