(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]
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 161 - General Provisions
Section 161.015 - General definitions.
Section 161.025 - Purposes; principles of construction.
Section 161.035 - Application of Criminal Code.
Section 161.045 - Limits on application.
Section 161.055 - Burden of proof as to defenses.
Section 161.085 - Definitions with respect to culpability.
Section 161.095 - Requirements for criminal liability.
Section 161.105 - Culpability requirement inapplicable to certain violations and offenses.
Section 161.115 - Construction of statutes with respect to culpability.
Section 161.125 - Drug or controlled substance use or dependence or intoxication as defense.
Section 161.155 - Criminal liability for conduct of another.
Section 161.160 - Exclusion of defenses to criminal liability for conduct of another.
Section 161.165 - Exemptions to criminal liability for conduct of another.
Section 161.170 - Criminal liability of corporations.
Section 161.195 - "Justification" described.
Section 161.200 - Choice of evils.
Section 161.205 - Use of physical force generally.
Section 161.215 - Limitations on use of physical force in defense of a person.
Section 161.219 - Limitations on use of deadly physical force in defense of a person.
Section 161.225 - Use of physical force in defense of premises.
Section 161.233 - Use of physical force by peace officer.
Section 161.242 - Use of deadly physical force by peace officer.
Section 161.245 - "Reasonable belief" described; status of unlawful arrest.
Section 161.249 - Use of physical force by private person assisting an arrest.
Section 161.255 - Use of physical force by private person making citizen’s arrest.
Section 161.265 - Use of physical force by guard or peace officer employed in correctional facility.
Section 161.290 - Incapacity due to immaturity.
Section 161.295 - Effect of qualifying mental disorder; guilty except for insanity.
Section 161.309 - Notice of mental defense; when report required; contents of report; plea.
Section 161.315 - Right of state to obtain mental examination of defendant; limitations; report.
Section 161.325 - Finding of guilty except for insanity; dispositional order.
Section 161.326 - Notice to victim.
Section 161.328 - Commitment of person found guilty except for insanity of misdemeanor.
Section 161.329 - Order of discharge.
Section 161.348 - Judicial review.
Section 161.349 - Person committed under ORS 161.315 to 161.351 sentenced to term of incarceration.
Section 161.351 - Discharge by board; effect of remission; protection of society.
Section 161.355 - Definitions.
Section 161.360 - Qualifying mental disorder affecting fitness to proceed.
Section 161.367 - Gaining or regaining fitness; credit for time served; firearm prohibition.
Section 161.371 - Procedures upon commitment of defendant; maximum term of commitment.
Section 161.373 - Records for fitness to proceed examination; compliance with court order.
Section 161.375 - Escape of person placed at hospital or facility; authority to order arrest.
Section 161.387 - Board to implement policies; rulemaking.
Section 161.392 - Certification of psychiatrists and licensed psychologists; rules; fees.
Section 161.395 - Subpoena power.
Section 161.398 - Restorative justice program; rules.
Section 161.405 - "Attempt" described.
Section 161.430 - Renunciation as a defense to attempt.
Section 161.435 - Solicitation.
Section 161.440 - Renunciation as defense to solicitation.
Section 161.450 - "Criminal conspiracy" described.
Section 161.460 - Renunciation as defense to conspiracy.
Section 161.465 - Duration of conspiracy.
Section 161.475 - Defenses to solicitation and conspiracy.
Section 161.485 - Multiple convictions barred in inchoate crimes.
Section 161.515 - "Crime" described.
Section 161.535 - Classification of felonies.
Section 161.555 - Classification of misdemeanors.
Section 161.566 - Misdemeanor treated as violation; prosecuting attorney’s election.
Section 161.568 - Misdemeanor treated as violation; court’s election.
Section 161.570 - Felony treated as misdemeanor.
Section 161.585 - Classification of certain crimes determined by punishment.
Section 161.605 - Maximum terms of imprisonment for felonies.
Section 161.615 - Maximum terms of imprisonment for misdemeanors.
Section 161.620 - Sentences imposed upon waiver.
Section 161.625 - Fines for felonies.
Section 161.635 - Fines for misdemeanors.
Section 161.645 - Standards for imposing fines.
Section 161.655 - Fines for corporations.
Section 161.675 - Time and method of payment of fines, restitution and costs.
Section 161.705 - Reduction of certain felonies to misdemeanors.
Section 161.710 - Reduction of certain felony driving offenses after completion of sentence.
Section 161.715 - Standards for discharge of defendant.
Section 161.725 - Standards for sentencing of dangerous offenders.
Section 161.735 - Procedure for determining whether defendant dangerous.
Section 161.737 - Sentence imposed on dangerous offender as departure from sentencing guidelines.