Oregon Annotated Statutes
Title 16 Crimes and Punishments (Chs. 161 — 170)
Chapter 161- General Provisions (§§ 161.005 — 161.740)
Justification (§§ 161.190 — 161.275)

161.265 Use of physical force to prevent escape.

(1) Except as provided in section 2, chapter 3, Oregon Laws 2020 (first special session) (Enrolled House Bill 4203), 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).

 

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