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]
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Uncodified sections printed in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of uncodified sections amended or repealed during the 2026 regular session: 2026 A&R Tables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:161.265 Source file: ors161.html Pages: Not recorded – Not recorded Passage SHA-256: bcc6e7c9cb2e5384d9bbb5a39b5678f8e208dbfa74ce20d4512c93bfc1cd1f17 Retained source evidence SHA-256: 8773685681f1bf26a63d62a05c338a6e76c17f6dd1b69da0a77625951fdf2fe5
Source location: ORS 161.265 (all printed versions and notes)
Stored source content
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]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.237 Use of physical force involving pressure on throat or neck by peace officer or corrections officer. (1) Notwithstanding ORS 161.233, a peace officer or corrections officer is not justified in any circumstance in knowingly using physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under ORS 161.209 and 161.215.
(2) Notwithstanding ORS 161.233, it is not reasonable under any circumstance for a peace officer or corrections officer to knowingly use physical force that impedes the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person except in circumstances in which physical force is justified under ORS 161.209 and 161.215.
(3) As used in this section, “corrections officer” means a guard, peace officer or other official employed in a jail, prison or correctional facility, including a youth correction facility, who primarily performs the duty of custody, control or supervision of individuals charged with or convicted of a crime or otherwise confined under a court order. [2020 s.s.1 c.3 §2; 2020 s.s.2 c.3 §§1,10]
161.267 Use of physical force by corrections officer or official employed by Department of Corrections. (1) As used in this section:
(a) “Colocated minimum security facility” means a Department of Corrections institution that has been designated by the Department of Corrections as a minimum security facility and has been located by the department on the grounds of a medium or higher security Department of Corrections institution.
(b) “Department of Corrections institution” has the meaning given that term in ORS 421.005.
(c) “Stand-alone minimum security facility” means a Department of Corrections institution that has been designated by the department as a minimum security facility and that has been located by the department separate and apart from other Department of Corrections institutions.
(2) Subject to ORS 161.237 and 421.107, a corrections officer or other official employed by the Department of Corrections is justified in using physical force, including deadly physical force, when and to the extent that the officer or official reasonably believes it necessary to:
(a) Prevent the escape of an adult in custody from a Department of Corrections institution, including the grounds of the institution, or from custody;
(b) Maintain or restore order and discipline in a Department of Corrections institution, or any part of the institution, in the event of a riot, disturbance or other occurrence that threatens the safety of adults in custody, department employees or other persons; or
(c) Prevent serious physical injury to or the death of the officer, official or another person.
(3) Notwithstanding subsection (2)(a) of this section, a corrections officer or other official employed by the department may not use deadly physical force to prevent the escape of an adult in
162.135 Definitions for ORS 162.135 to 162.205. As used in ORS 162.135 to 162.205, unless the context requires otherwise:
(1)(a) “Contraband” means:
(A) Controlled substances as defined in ORS 475.005;
(B) Drug paraphernalia as defined in ORS 475.525;
(C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of a person confined in a correctional facility; or
(D) Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.
(b) “Contraband” does not include authorized currency possessed by a person confined in a work release facility.
(2) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.373.
(3) “Currency” means paper money and coins that are within the correctional institution.
(4) “Custody” means the imposition of actual or constructive restraint by a peace officer or a parole and probation officer as defined in ORS 181A.355, pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.
(5) “Escape” means the unlawful departure of a person from custody or a correcti