2021 Oregon Revised Statutes
Chapter 161 - General Provisions
Section 161.265 - Use of physical force by guard or peace officer employed in correctional facility.


(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]

Structure 2021 Oregon Revised Statutes

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 161.067 - Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations.

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 161.237 - Use of physical force involving pressure on throat or neck by peace officer or corrections 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 161.267 - Use of physical force by corrections officer or official employed by Department of Corrections.

Section 161.270 - Duress.

Section 161.275 - Entrapment.

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 161.327 - Commitment or conditional release of person found guilty except for insanity of felony; consultation; evaluation; appeal; rules.

Section 161.328 - Commitment of person found guilty except for insanity of misdemeanor.

Section 161.329 - Order of discharge.

Section 161.336 - Conditional release by board; order for return; termination or modification of conditional release; hearing.

Section 161.341 - Application for discharge or conditional release; release plan; examination; right to hearing.

Section 161.346 - Hearings on discharge, conditional release, commitment or modification; psychiatric reports; notice of hearing.

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 161.362 - Requirements for recommendations, determinations and orders; confidentiality; electronic appearance.

Section 161.365 - Procedure for determining issue of fitness to proceed; consultation; examination; report; rules.

Section 161.367 - Gaining or regaining fitness; credit for time served; firearm prohibition.

Section 161.370 - Determination of fitness to proceed; proceedings upon finding of unfitness; commitment; rules.

Section 161.371 - Procedures upon commitment of defendant; maximum term of commitment.

Section 161.372 - Involuntary administration of medication for fitness to proceed; hearing; court order; confidentiality.

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 161.385 - Psychiatric Security Review Board; composition, term, qualifications, compensation, appointment, confirmation and meetings.

Section 161.387 - Board to implement policies; rulemaking.

Section 161.390 - Rules for assignment of persons to state mental hospitals or secure intensive community inpatient facilities; release plan prepared by Oregon Health Authority.

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 161.610 - Enhanced penalty for use of firearm during commission of felony; pleading; minimum penalties; suspension or reduction of penalty.

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 161.665 - Costs.

Section 161.675 - Time and method of payment of fines, restitution and costs.

Section 161.685 - Effect of nonpayment of fines, restitution or costs; report to consumer reporting agency; rules.

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.

Section 161.740 - Sentencing of juvenile offenders.