161.215 Limitations on use of physical force in defense of a person. (1) Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if:
(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]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
TITLE 16
CRIMES AND PUNISHMENTS
Chapter 161. General Provisions
162. Offenses Against the State and Public Justice
163. Offenses Against Persons
163A. Sex Offender Reporting and Classification
164. Offenses Against Property
165. Offenses Involving Fraud or Deception
166. Offenses Against Public Order; Firearms and Other Weapons; Racketeering
167. Offenses Against General Welfare and Animals
169. Local and Regional Correctional Facilities; Prisoners; Juvenile Facilities
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Chapter 161 — General Provisions
Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
GENERAL PROVISIONS
CRIMES AND PUNISHMENTS
PRINCIPLES
CRIMINAL LIABILITY
PARTIES TO CRIME
JUSTIFICATION
RESPONSIBILITY
(Temporary provisions relating to maximum periods of commitment and community restoration are compiled as notes following ORS 161.371)
INCHOATE CRIMES
CLASSES OF OFFENSES
DISPOSITION OF OFFENDERS
AUTHORITY OF SENTENCING COURT
PRINCIPLES
File SHA-256: 8773685681f1bf26a63d62a05c338a6e76c17f6dd1b69da0a77625951fdf2fe5. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:161.215 Source file: ors161.html Pages: Not recorded – Not recorded Passage SHA-256: b5536a33e8d45b8cee3ee27d8d5126b54904df25c8b7d154b4c943d4b9f801f1 Retained source evidence SHA-256: 8773685681f1bf26a63d62a05c338a6e76c17f6dd1b69da0a77625951fdf2fe5
Source location: ORS 161.215 (all printed versions and notes)
Stored source content
161.215 Limitations on use of physical force in defense of a person. (1) Notwithstanding ORS 161.209, a person is not justified in using physical force upon another person if:
(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]
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.209 Use of physical force in defense of a person. Except as provided in ORS 161.215 and 161.219, a person is justified in using physical force upon another person for self-defense or to defend a third person from what the person reasonably believes to be the use or imminent use of unlawful physical force, and the person may use a degree of force which the person reasonably believes to be necessary for the purpose. [1971 c.743 §22]
166.155 Bias crime in the second degree. (1) A person commits a bias crime in the second degree if the person:
(a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin;
(b) Intentionally subjects another person to offensive physical contact because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin; or
(c) Intentionally, because of the person’s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person’s family, subjects the other person to alarm by threatening:
(A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person’s family; or
(B) To cause substantial damage to the property of the other person or of a member of the other person’s family.
(2) A bias crime in the second degree is a Class A misdemeanor.
(3) As used in this section and ORS 166.165:
(a) “Gender identity” means an individual’s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.
(b) “Property” means any tangible personal property or real property. [1981 c.785 §1; 1983 c.521 §1; 1989 c.1029 §1; 2007 c.100 §18; 2011 c.421 §1; 2019 c.553 §1]