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Oregon Revised Statutes

Or. Rev. Stat. § 161.265 (2026)

Use of physical force by guard or peace officer employed in correctional facility

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      161.265 Use of physical force by guard or peace officer employed in correctional facility. (1) Except as provided in ORS 161.237, a guard or other peace officer employed in a correctional facility, as that term is defined in ORS 162.135, is justified in using physical force, including deadly physical force, upon another person if the person poses an imminent threat of physical injury to the guard or peace officer or to a third person or the guard or peace officer reasonably believes it necessary to prevent the escape of a prisoner from a correctional facility. The guard or peace officer may use physical force under this subsection only to the degree that the guard or peace officer reasonably believes necessary to prevent the physical injury or escape.

      (2) Notwithstanding subsection (1) of this section, a guard or other peace officer employed by the Department of Corrections may not use deadly physical force in the circumstances described in ORS 161.267 (3). [1971 c.743 §33; 2005 c.431 §3; 2020 s.s.2 c.3 §§4,11]

Notes of Decisions
Cited in 1 case, 1990–1990 · leading case: State v. Clowes, 785 P.2d 1071 (Or. Ct. App. 1990).
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State v. Clowes, 785 P.2d 1071 (Or. Ct. App. 1990). · cites it 2× “Under the first portion, choice of evils is available unless some other provision of the Criminal Code concerning the justifiable use of physical force supercedes it.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.