Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 161.215

Limitations on use of physical force in defense of a person

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      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]

Notes of Decisions
Cited in 56 cases (22 in the last 5 years), 1976–2026 · leading case: State v. Bock (A169480)
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State v. Bock (A169480) (2021) orctapp · cites it 9× “215(2) provides that a defendant who is the initial aggressor in Cite as 310 Or App 329 (2021) 343 a confrontation cannot claim self-defense unless, after the defendant withdraws from the confrontation, the other party “nevertheless continues or threatens to continue the use of…”
State v. Phillips (2021) orctapp · cites it 9× “A person may use physical force in self-defense against “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.” ORS 161.209.…”
State v. North (2024) orctapp · cites it 8× “ORS 161.215(1) bars reliance on self-defense when the defendant either provoked the victim to act or was the initial aggressor.”
State v. Longoria (2019) orctapp · cites it 7× “209 (“Except as provided in ORS 161.215 and 161.219, a person is jus- tified in using physical force upon another person for self- defense * * * 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…”
State v. Worsham (2025) or · cites it 3× “However, self-defense can be limited by the provi- sions of ORS 161.215, specifically, as pertinent to this case, ORS 161.”
State v. Worsham (2024) orctapp · cites it 3× “Although “ini- tial aggressor” is not statutorily defined, it is undisputed that it is a legal term of art as used in ORS 161.215, see Phillips, 313 Or App at 5 , and the difference between the colloquial meaning of aggression and the legal meaning for purposes of self-defense…”
State v. Oliphant (2009) or · cites it 2× “209 states that it applies “[e]xcept as provided in ORS 161.215 and 161.219.” ORS 161.215 provides: *192 “Notwithstanding ORS 161.”
State v. Freeman (1991) orctapp · cites it 6× “However, it maintains that a complete statement of the law must include the statutory limitations in ORS 161.215. 3 The limitations prohibit a self-defense claim when the defendant has provoked the victim’s assault, when the defendant was the initial aggressor or when the…”
State v. Wright (1990) or · cites it 2× “209 provides in part: *436 “Except as provided in ORS 161.215[ 10 ] and 161.219,[ 11 ] a person is justified in using physical force upon another person for self-defense * * * and the person may use a degree of force which the person reasonably believes to be necessary for the…”
State v. Gilmore (2024) orctapp “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…”
State v. Ryel (2002) orctapp · cites it 2× “209 provides: "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…”
State v. Brown (2023) orctapp · cites it 6× “” The prosecutor’s reference to “initial aggressor” was a reference to ORS 161.215. That statute provides that a person is not justified in using physical force on another person if the person is “the initial aggressor, except that the use of physical force upon another person…”
Show all 56 citing cases →
— Or. Rev. Stat. § 161.215(1) — 8 cases
State v. North (2024) orctapp “ORS 161.215(1) bars reliance on self-defense when the defendant either provoked the victim to act or was the initial aggressor.”
State v. Longoria (2019) orctapp “209 (“Except as provided in ORS 161.215 and 161.219, a person is jus- tified in using physical force upon another person for self- defense * * * 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…”
State v. Moles (2018) orctapp
State v. Vanderlinden (2026) orctapp
State v. Ware (1976) orctapp
— Or. Rev. Stat. § 161.215(1)(a) — 4 cases
State v. North (2024) orctapp “ORS 161.215(1) bars reliance on self-defense when the defendant either provoked the victim to act or was the initial aggressor.”
State v. Vanderlinden (2026) orctapp
State v. Vanderlinden (2026) orctapp
State v. Worsham (2026) orctapp
— Or. Rev. Stat. § 161.215(1)(b) — 8 cases
State v. Worsham (2024) orctapp “Although “ini- tial aggressor” is not statutorily defined, it is undisputed that it is a legal term of art as used in ORS 161.215, see Phillips, 313 Or App at 5 , and the difference between the colloquial meaning of aggression and the legal meaning for purposes of self-defense…”
State v. North (2024) orctapp “ORS 161.215(1) bars reliance on self-defense when the defendant either provoked the victim to act or was the initial aggressor.”
State v. Worsham (2025) or “However, self-defense can be limited by the provi- sions of ORS 161.215, specifically, as pertinent to this case, ORS 161.”
State v. King (2025) orctapp
State v. Brown (2023) orctapp “” The prosecutor’s reference to “initial aggressor” was a reference to ORS 161.215. That statute provides that a person is not justified in using physical force on another person if the person is “the initial aggressor, except that the use of physical force upon another person…”
— Or. Rev. Stat. § 161.215(1)(c) — 1 case
State v. Keegan (2026) orctapp
— Or. Rev. Stat. § 161.215(2) — 14 cases
State v. Bock (A169480) (2021) orctapp “215(2) provides that a defendant who is the initial aggressor in Cite as 310 Or App 329 (2021) 343 a confrontation cannot claim self-defense unless, after the defendant withdraws from the confrontation, the other party “nevertheless continues or threatens to continue the use of…”
State v. Phillips (2021) orctapp “A person may use physical force in self-defense against “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.” ORS 161.209.…”
State v. Sandoval (2007) or
State v. Longoria (2019) orctapp “209 (“Except as provided in ORS 161.215 and 161.219, a person is jus- tified in using physical force upon another person for self- defense * * * 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…”
State v. Castle (1980) orctapp
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