2013 ORS § 124.005¹
Definitions for ORS 124.005 to 124.040

As used in ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title):

(1) Abuse means one or more of the following:

(a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.

(b) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.

(c) Abandonment, including desertion or willful forsaking of an elderly person or a person with a disability or the withdrawal or neglect of duties and obligations owed an elderly person or a person with a disability by a caregiver or other person.

(d) Willful infliction of physical pain or injury.

(e) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with a disability.

(f) Causing any sweepstakes promotion to be mailed to an elderly person or a person with a disability who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the courts assistance to prevent the person from incurring further expense.

(g) Wrongfully taking or appropriating money or property, or knowingly subjecting an elderly person or person with a disability to alarm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the elderly person or person with a disability to believe that the threat will be carried out.

(h) Sexual contact with a nonconsenting elderly person or person with a disability or with an elderly person or person with a disability considered incapable of consenting to a sexual act as described in ORS 163.315 (Incapacity to consent). As used in this paragraph, sexual contact has the meaning given that term in ORS 163.305 (Definitions).

(2) Elderly person means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 (Report of suspected abuse of resident required) to 441.665 (Record of reports).

(3) Guardian petitioner means a guardian or guardian ad litem for an elderly person or a person with a disability who files a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) on behalf of the elderly person or person with a disability.

(4) Interfere means to interpose in a way that hinders or impedes.

(5) Intimidate means to compel or deter conduct by a threat.

(6) Menace means to act in a threatening manner.

(7) Molest means to annoy, disturb or persecute with hostile intent or injurious effect.

(8) Person with a disability means a person described in:

(a) ORS 410.040 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) (7); or

(b) ORS 410.715 (Person suffering brain injury to be considered person with disability).

(9) Petitioner means an elderly person or a person with a disability who files a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title).

(10) Sweepstakes means:

(a) A procedure for awarding a prize that is based on chance;

(b) A procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize; or

(c) A procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize.

(11) Sweepstakes promotion means an offer to participate in a sweepstakes. [1995 c.666 §§3,3a; 1999 c.738 §1; 1999 c.875 §6; 2003 c.257 §1a; 2003 c.264 §1; 2005 c.671 §1; 2007 c.70 §24; 2011 c.36 §2]