Oregon Revised Statutes

Or. Rev. Stat. § 161.249 (2026)

Use of physical force by private person assisting an arrest

✓ current as of May 2026

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161.249 Use of physical force by private person assisting an arrest. (1) Except as provided in subsection (2) of this section, a person who has been directed by a peace officer to assist the peace officer to make an arrest or to prevent an escape from custody is justified in using physical force when and to the extent that the person reasonably believes that force to be necessary to carry out the peace officer’s direction.

(2) A person who has been directed to assist a peace officer under circumstances specified in subsection (1) of this section may use deadly physical force to make an arrest or to prevent an escape only when:

(a) The person reasonably believes that force to be 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; or

(b) The person is directed or authorized by the peace officer to use deadly physical force unless the person knows that the peace officer is not authorized to use deadly physical force under the circumstances. [1971 c.743 §30]

161.250 [Repealed by 1971 c.743 §432]

Notes of Decisions

Cited in 2 cases, 1981–1982 · leading case: State v. Charles, 647 P.2d 897 (Or. 1982).

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State v. Charles, 647 P.2d 897 (Or. 1982). “A person is under no duty to retreat if he is: “(a) In his dwelling and is not the original aggressor; or “(b) A peace officer or a person assisting a peace officer at his direction, acting under [ORS 161.249].” Proposed Oregon Criminal Code, § 23 at 22 (1970).”

State v. Charles, 634 P.2d 814 (Or. Ct. App. 1981). “A person is under no duty to retreat if he is: "(a) In his dwelling and is not the original aggressor; or "(b) A peace officer or a person assisting a peace officer at his direction, acting under [ORS 161.249].” Proposed Oregon Criminal Code, § 23 (1970).”

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