ORS 161.260¹
Use of physical force in resisting arrest prohibited

A person may not use physical force to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful. [1971 c.743 §32]

Notes of Decisions

Notwithstanding that stop of defendant was unlawful under ORS 131.615 (Stopping of persons), evidence that defendant sub­se­quently shoved of­fi­cer with hands and fists during patdown search and damaged interior of police vehicle was not inadmissible. State v. Gaffney, 36 Or App 105, 583 P2d 582 (1978), Sup Ct review denied

This sec­tion is not inconsistent with ORS 161.209 (Use of physical force in defense of a person), concerning use of physical force in de­fense of per­son, because per­son is not justified in forcibly resisting unless and until he is faced with illegal use by of­fi­cer of deadly force. State v. Hall, 36 Or App 133, 583 P2d 587 (1978)

Where arrest is made with excessive force, arrestee may use reasonable physical force in self-de­fense against excessive force being used by arresting of­fi­cer. State v. Wright, 310 Or 430, 799 P2d 642 (1990)

Notes of Decisions

Under Former Similar Statute (Ors 163.110)

There were cases where self-de­fense would not be a de­fense but the right to self-de­fense was still available to es­tab­lish that the defendant was engaged in a lawful act at the time of the killing. State v. Leos, 7 Or App 211, 490 P2d 521 (1971)

Chapter 161

Notes of Decisions

A juvenile court adjudica­tion of whether or not a child committed acts which would be a crim­i­nal viola­tion if committed by an adult must necessarily include an adjudica­tion of all af­firm­a­tive de­fenses that would be available to an adult being tried for the same crim­i­nal viola­tion. State ex rel Juvenile Dept. v. L.J., 26 Or App 461, 552 P2d 1322 (1976)

Law Review Cita­tions

2 EL 237 (1971); 51 OLR 427-637 (1972)

Chapter 161

Criminal Code


Notes of Decisions

Legislature’s adop­tion of 1971 Criminal Code did not abolish doctrine of transferred intent. State v. Wesley, 254 Or App 697, 295 P3d 1147 (2013), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 161—General Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors161.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 161, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano161.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information