Oregon Revised Statutes Chapter 161 § 161.242 — Use of
Oregon Revised Statutes Chapter 161 ·
Oregon Code § 161.242·Enacted ·Last updated March 01, 2026
Statute Text
Use of
deadly physical force by peace officer.
(1) A peace officer may use deadly physical force
upon another person only when it is objectively reasonable, under the totality
of circumstances known to the peace officer, to believe that the person poses
an imminent threat of death or serious physical injury to the peace officer or
to a third person and the use of deadly physical force is necessary to:
(a) Make a lawful
arrest when the peace officer has probable cause to believe the person has
committed a violent felony;
(b) Defend the
peace officer or a third person from the imminent threat of death or serious
physical injury; or
(c) Prevent the
escape from custody of the person when the peace officer has probable cause to
believe the person has committed a violent felony.
(2) Prior to
using deadly physical force upon another person, if the peace officer has a
reasonable opportunity to do so, the peace officer shall:
(a) Consider
alternatives such as verbal de-escalation, waiting, using other available
resources and techniques if reasonable, safe and feasible, or using a lesser
degree of force; and
(b) Give a verbal
warning to the person that deadly physical force may be used and provide the
person with a reasonable opportunity to comply.
(3) Nothing in
subsection (1) of this section constitutes justification for reckless or
criminally negligent conduct by a peace officer constituting an offense against
or with respect to innocent persons whom the peace officer is not seeking to
arrest or retain in custody.
(4) As used in
this section, violent felony has the meaning given that term in ORS 419A.004.
[2020 s.s.2 c.3 §8]
Plain English Explanation
This Oregon statute addresses Use of
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 161.242
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
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