Oregon Revised Statutes

Or. Rev. Stat. § 161.237 (2026)

Use of physical force involving pressure on throat or neck by peace officer or corrections officer

✓ current as of May 2026

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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 161.215.

(3) As used in this section, “corrections officer” means a guard, peace officer or other official employed in a jail, prison or correctional facility, including a youth correction facility, who primarily performs the duty of custody, control or supervision of individuals charged with or convicted of a crime or otherwise confined under a court order. [2020 s.s.1 c.3 §2; 2020 s.s.2 c.3 §§1,10]

161.239 [1971 c.743 §28; 2020 s.s.2 c.3 §3; repealed by 2020 s.s.2 c.3 §17]

161.240 [Repealed by 1971 c.743 §432]

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Olmsted v. Douglas Cnty. (D. Or. 2023).

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Olmsted v. Douglas Cnty. (D. Or. 2023). “205 as an affirmative defense to civil battery, which provides that, [t]he use of physical force upon another person that would otherwise constitute an offense is justifiable and not criminal under any of the following circumstances: (2) Subject to ORS 161.237 . . . an…”

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