2015 ORS 166.715¹
Definitions for ORS 166.715 to 166.735

As used in ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title), unless the context requires otherwise:

(1) Documentary material means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.

(2) Enterprise includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.

(3) Investigative agency means the Department of Justice or any district attorney.

(4) Pattern of racketeering activity means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.525 (Previous prosecution) or 419A.190 (Effect of adjudicatory hearing or admission) or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudication, unless the prosecution resulted in an acquittal or the adjudication resulted in entry of an order finding the youth not to be within the jurisdiction of the juvenile court.

(5) Person means any individual or entity capable of holding a legal or beneficial interest in real or personal property.

(6) Racketeering activity includes conduct of a person committed both before and after the person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit:

(a) Any conduct that constitutes a crime, as defined in ORS 161.515 (Crime described), under any of the following provisions of the Oregon Revised Statutes:

(A) ORS 59.005 (Short title) to 59.451 (Prohibition against filing false statement by person under investigation or examination), 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness), 59.991 (Criminal penalties for ORS 59.005 to 59.451 and 59.710 to 59.830) and 59.995 (Civil penalties for ORS 59.005 to 59.451 and 59.710 to 59.830), relating to securities;

(B) ORS 162.015 (Bribe giving), 162.025 (Bribe receiving) and 162.065 (Perjury) to 162.085 (Unsworn falsification), relating to bribery and perjury;

(C) ORS 162.235 (Obstructing governmental or judicial administration), 162.265 (Bribing a witness) to 162.305 (Tampering with public records), 162.325 (Hindering prosecution), 162.335 (Compounding), 162.355 (Simulating legal process) and 162.365 (Criminal impersonation), relating to obstructing governmental administration;

(D) ORS 162.405 (Official misconduct in the second degree) to 162.425 (Misuse of confidential information), relating to abuse of public office;

(E) ORS 162.455 (Interfering with legislative operations), relating to interference with legislative operation;

(F) ORS 163.095 (Aggravated murder defined) to 163.115 (Murder), 163.118 (Manslaughter in the first degree), 163.125 (Manslaughter in the second degree) and 163.145 (Criminally negligent homicide), relating to criminal homicide;

(G) ORS 163.160 (Assault in the fourth degree) to 163.205 (Criminal mistreatment in the first degree), relating to assault and related offenses;

(H) ORS 163.225 (Kidnapping in the second degree) and 163.235 (Kidnapping in the first degree), relating to kidnapping;

(I) ORS 163.275 (Coercion), relating to coercion;

(J) ORS 163.665 (Definitions) to 163.693 (Failure to report child pornography), relating to sexual conduct of children;

(K) ORS 164.015 (Theft described), 164.043 (Theft in the third degree), 164.045 (Theft in the second degree), 164.055 (Theft in the first degree), 164.057 (Aggravated theft in the first degree), 164.075 (Theft by extortion) to 164.095 (Theft by receiving), 164.098 (Organized retail theft), 164.125 (Theft of services), 164.135 (Unauthorized use of a vehicle), 164.140 (Criminal possession of rented or leased personal property), 164.215 (Burglary in the second degree), 164.225 (Burglary in the first degree) and 164.245 (Criminal trespass in the second degree) to 164.270 (Closure of premises to motor-propelled vehicles), relating to theft, burglary, criminal trespass and related offenses;

(L) ORS 164.315 (Arson in the second degree) to 164.335 (Reckless burning), relating to arson and related offenses;

(M) ORS 164.345 (Criminal mischief in the third degree) to 164.365 (Criminal mischief in the first degree), relating to criminal mischief;

(N) ORS 164.395 (Robbery in the third degree) to 164.415 (Robbery in the first degree), relating to robbery;

(O) ORS 164.865 (Unlawful sound recording), 164.875 (Unlawful videotape recording) and 164.868 (Unlawful labeling of a sound recording) to 164.872 (Unlawful labeling of a videotape recording), relating to unlawful recording or labeling of a recording;

(P) ORS 165.007 (Forgery in the second degree) to 165.022 (Criminal possession of a forged instrument in the first degree), 165.032 (Criminal possession of a forgery device) to 165.042 (Fraudulently obtaining a signature) and 165.055 (Fraudulent use of a credit card) to 165.070 (Possessing fraudulent communications device), relating to forgery and related offenses;

(Q) ORS 165.080 (Falsifying business records) to 165.109 (Failing to maintain a cedar purchase record), relating to business and commercial offenses;

(R) ORS 165.540 (Obtaining contents of communications) and 165.555 (Unlawful telephone solicitation of contributions for charitable purposes), relating to communication crimes;

(S) ORS 166.180 (Negligently wounding another), 166.190 (Pointing firearm at another), 166.220 (Unlawful use of weapon), 166.250 (Unlawful possession of firearms), 166.270 (Possession of weapons by certain felons), 166.275 (Possession of weapons by inmates of institutions), 166.410 (Manufacture, importation or sale of firearms), 166.450 (Obliteration or change of identification number on firearms) and 166.470 (Limitations and conditions for sales of firearms), relating to firearms and other weapons;

(T) ORS 164.377 (Computer crime) (2) to (4), as punishable under ORS 164.377 (Computer crime) (5)(b), 167.007 (Prostitution) to 167.017 (Compelling prostitution), 167.057 (Luring a minor), 167.062 (Sadomasochistic abuse or sexual conduct in live show) to 167.080 (Displaying obscene materials to minors), 167.090 (Publicly displaying nudity or sex for advertising purposes), 167.122 (Unlawful gambling in the second degree) to 167.137 (Possession of gambling records in the first degree), 167.147 (Possession of a gambling device), 167.164 (Possession of a gray machine), 167.167 (Cheating), 167.212 (Tampering with drug records), 167.355 (Involvement in animal fighting), 167.365 (Dogfighting), 167.370 (Participation in dogfighting), 167.428 (Cockfighting), 167.431 (Participation in cockfighting) and 167.439 (Forcible recovery of a fighting bird), relating to prostitution, obscenity, sexual conduct, gambling, computer crimes involving the Oregon State Lottery, animal fighting, forcible recovery of a fighting bird and related offenses;

(U) ORS 171.990 (Penalty for witness failing to appear or to give testimony in legislative proceeding), relating to legislative witnesses;

(V) ORS 260.575 (Use of threats and intimidation for purpose of extorting money) and 260.665 (Undue influence to affect registration, voting, candidacy, signing petitions), relating to election offenses;

(W) ORS 314.075 (Evading requirements of law prohibited), relating to income tax;

(X) ORS 180.440 (Prohibited conduct) (2) and 180.486 (Prohibited conduct) (2) and ORS chapter 323, relating to cigarette and tobacco products taxes and the directories developed under ORS 180.425 (Attorney Generals directory) and 180.477 (Attorney Generals directory);

(Y) ORS 411.630 (Unlawfully obtaining public assistance or medical assistance), 411.675 (Submitting wrongful claim for payment of public assistance or medical assistance), 411.690 (Liability of person wrongfully receiving payment of public assistance or medical assistance) and 411.840 (Unlawfully obtaining or disposing of supplemental nutrition assistance), relating to public assistance payments or medical assistance benefits, and ORS 411.990 (Penalties) (2) and (3);

(Z) ORS 462.140 (Prohibitions concerning bookmaking, betting), 462.415 (Animals prohibited from racing) and 462.420 (Stimulating or depressing participating animal prohibited) to 462.520 (Penalty for falsely using name of racing official as source of information in commission of touting), relating to racing;

(AA) ORS 463.995 (Penalties), relating to boxing, mixed martial arts and entertainment wrestling, as defined in ORS 463.015 (Definitions);

(BB) ORS 471.305 (Delivery of alcoholic beverages), 471.360 (Service permit required), 471.392 (Definitions for ORS 471.392 to 471.400) to 471.400 (Exceptions to prohibition of financial assistance), 471.403 (License required to produce alcoholic liquor), 471.404 (Importing liquor without license prohibited), 471.405 (Prohibited sales, purchases, possession, transportation, importation or solicitation in general), 471.425 (Misrepresentations by licensee and others), 471.442 (Wine compliance with standards), 471.445 (Use of misleading mark or label on container), 471.446 (Seals on wine and cider containers), 471.485 (Payment required on or before delivery of liquor), 471.490 (Delivery or acceptance of instrument drawn upon insufficient funds or not payable according to terms) and 471.675 (Resisting arrest or interfering with enforcement), relating to alcoholic liquor, and any of the provisions of ORS chapter 471 relating to licenses issued under the Liquor Control Act;

(CC) ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) and 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)), relating to controlled substances;

(DD) ORS 480.070 (Fire bombs prohibited), 480.210 (Certificate, license or permit required), 480.215 (Transfer of explosives limited), 480.235 (Waiting period for issuance of certificate of possession) and 480.265 (Report of loss, theft or unlawful removal of explosives required), relating to explosives;

(EE) ORS 819.010 (Failure to comply with requirements for destruction of vehicle), 819.040 (Illegal salvage procedures), 822.100 (Conducting a motor vehicle dismantling business without a certificate), 822.135 (Improperly conducting motor vehicle dismantling business) and 822.150 (Failure to return revoked, canceled or suspended certificate or identification card), relating to motor vehicles;

(FF) ORS 658.452 (Prohibitions relating to discharge of or discrimination against employee) or 658.991 (Criminal penalties) (2) to (4), relating to labor contractors;

(GG) ORS chapter 706, relating to banking law administration;

(HH) ORS chapter 714, relating to branch banking;

(II) ORS chapter 716, relating to mutual savings banks;

(JJ) ORS chapter 723, relating to credit unions;

(KK) ORS chapter 726, relating to pawnbrokers;

(LL) ORS 166.382 (Possession of destructive device prohibited) and 166.384 (Unlawful manufacture of destructive device), relating to destructive devices;

(MM) ORS 165.074 (Unlawful factoring of payment card transaction);

(NN) ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English), relating to mortgage bankers and mortgage brokers;

(OO) ORS chapter 496, 497 or 498, relating to wildlife;

(PP) ORS 163.355 (Rape in the third degree) to 163.427 (Sexual abuse in the first degree), relating to sexual offenses;

(QQ) ORS 166.015 (Riot), relating to riot;

(RR) ORS 166.155 (Intimidation in the second degree) and 166.165 (Intimidation in the first degree), relating to intimidation;

(SS) ORS chapter 696, relating to real estate and escrow;

(TT) ORS chapter 704, relating to outfitters and guides;

(UU) ORS 165.692 (Making false claim for health care payment), relating to making a false claim for health care payment;

(VV) ORS 162.117 (Public investment fraud), relating to public investment fraud;

(WW) ORS 164.170 (Laundering a monetary instrument) or 164.172 (Engaging in a financial transaction in property derived from unlawful activity);

(XX) ORS 647.140 (Trademark counterfeiting in third degree), 647.145 (Trademark counterfeiting in second degree) or 647.150 (Trademark counterfeiting in first degree), relating to trademark counterfeiting;

(YY) ORS 164.886 (Unlawful tree spiking);

(ZZ) ORS 167.312 (Research and animal interference) and 167.388 (Interference with livestock production);

(AAA) ORS 164.889 (Interference with agricultural research);

(BBB) ORS 165.800 (Identity theft); or

(CCC) ORS 163.263 (Subjecting another person to involuntary servitude in the second degree), 163.264 (Subjecting another person to involuntary servitude in the first degree) or 163.266 (Trafficking in persons).

(b) Any conduct defined as racketeering activity under 18 U.S.C. 1961 (1)(B), (C), (D) and (E).

(7) Unlawful debt means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in whole or in part because the debt was incurred or contracted:

(a) In violation of any one of the following:

(A) ORS chapter 462, relating to racing;

(B) ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine), relating to gambling; or

(C) ORS 82.010 (Legal rate of interest) to 82.170 (Notice to borrower of lender authority to refuse to accept repayment prior to date for repayment in loan agreement), relating to interest and usury.

(b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under federal or state law.

(8) Notwithstanding contrary provisions in ORS 174.060 (Effect of amendment of statute adopted by reference), when this section references a statute in the Oregon Revised Statutes that is substantially different in the nature of its essential provisions from what the statute was when this section was enacted, the reference shall extend to and include amendments to the statute. [1981 c.769 §2; 1983 c.338 §898; 1983 c.715 §1; 1985 c.176 §5; 1985 c.557 §8; 1987 c.158 §31; 1987 c.249 §7; 1987 c.789 §20; 1987 c.907 §12; 1989 c.384 §2; 1989 c.839 §27; 1989 c.846 §13; 1989 c.982 §6; 1991 c.398 §3; 1991 c.962 §6; 1993 c.95 §13; 1993 c.215 §1; 1993 c.508 §45; 1993 c.680 §29; 1995 c.301 §35; 1995 c.440 §13; 1995 c.768 §10; 1997 c.631 §420; 1997 c.789 §1; 1997 c.867 §23; 1999 c.722 §8; 1999 c.878 §4; 2001 c.146 §1; 2001 c.147 §3; 2003 c.111 §1; 2003 c.484 §8; 2003 c.801 §15; 2003 c.804 §66; 2007 c.498 §3; 2007 c.585 §26; 2007 c.811 §7; 2007 c.869 §7; 2009 c.717 §25; 2011 c.597 §166; 2011 c.681 §6; 2013 c.584 §27; 2013 c.688 §23]

Notes of Decisions

Where defendant di­rected group of young men from broken families over four-year period to commit 28 different crimes, planned crimes, instructed them on how to commit them and provided men with means for com­mis­sion, jury was entitled to infer that defendant func­tioned as an enterprise. State v. Cheek, 100 Or App 501, 786 P2d 1305 (1990), Sup Ct review denied

Plaintiff need not es­tab­lish con­vic­­tion of crime for predicate crim­i­nal con­duct in order to allege rack­et­eering ac­tivity under this sec­tion. Computer Concepts, Inc. v. Brandt, 310 Or 706, 801 P2d 800 (1990), Sup Ct review denied

Enterprise refers generally to vehicle for com­mit­ting unlawful pattern of rack­et­eering ac­tivity. Penuel v. Titan/Value Equities Group, Inc., 127 Or App 195, 872 P2d 28 (1994), Sup Ct review denied

Isolated incidents refers to rela­tionship among predicate acts, including rela­tionship to same enterprise, not to temporal occurrence. Penuel v. Titan/Value Equities Group, Inc., 127 Or App 195, 872 P2d 28 (1994), Sup Ct review denied

Securities law liability based solely on status under ORS 59.115 (Liability in connection with sale or successful solicitation of sale of securities) as control per­son does not constitute crim­i­nal con­duct that can serve as predicate of­fense for Oregon Racketeer Influenced and Corrupt Organiza­tion Act liability. Computer Concepts, Inc. v. Brandt, 137 Or App 572, 905 P2d 1177 (1995)

Reference to federal statute defining rack­et­eering ac­tivity refers to version of federal statute existing at time this sec­tion was adopted and does not include sub­se­quent amend­ments to federal statute. State v. Charlesworth/Parks, 151 Or App 100, 951 P2d 153 (1997), Sup Ct review denied

Prohibi­tion in ORS 419A.190 (Effect of adjudicatory hearing or admission) against adult court ac­tion based on or arising out of juvenile of­fense bars use of of­fense as incident of rack­et­eering ac­tivity. State v. Harris, 157 Or App 119, 967 P2d 909 (1998)

Where indict­ment for rack­et­eering states particular circumstances of enterprise and of each predicate of­fense, statutory wording is sufficient state­ment of nexus between predicate of­fenses. State v. Fair, 326 Or 485, 953 P2d 383 (1998)

Under pre-1997 version of statute, prosecutor knowledge of rack­et­eering pattern at time of pros­e­cu­­tion for sec­ond of­fense would bar sub­se­quent Oregon Racketeer Influenced and Corrupt Organiza­tion Act charge based on that of­fense. State v. Lyons, 161 Or App 355, 985 P2d 204 (1999)

Notes of Decisions

RICO statutes are not indefinite or vague. State v. Romig, 73 Or App 780, 700 P2d 293 (1985), Sup Ct review denied

Oregon RICO statutes should be interpreted consistently with federal RICO statute, on which Oregon statute is based. Ahern v. Gaussoin, 611 F Supp 1465 (1985)

Oregon RICO statute would be interpreted in same manner as parallel. Schnitzer v. Oppenheimer and Co., Inc., 633 F Supp 92 (1985)

Plaintiffs asser­tions that defendant con­ducted a pattern of rack­et­eering ac­tivity that included numerous instances of mail, wire and securities fraud was sufficient to state a claim under RICO. Securities Investor Protec­tion Corp. v. Poirier, 653 F Supp 63 (1986)

These sec­tions allow multiple con­vic­­tions and consecutive sen­tences for rack­et­eering and predicate of­fenses. State v. Blossom, 88 Or App 75, 744 P2d 281 (1987), Sup Ct review denied

Because Oregon statute was modeled after federal statutes, 18 U.S.C. 1961 to 1968, federal cases interpreting federal statute are persuasive in interpreting intent of Oregon legislature. State v. Blossom, 88 Or App 75, 744 P2d 281 (1987), Sup Ct review denied

Invest­ment companies failure to adequately supervise their of­fi­cer or agent could impose liability for sec­ondary viola­tions of securities laws. Pincetich v. Jeanfreau, 699 F Supp 1469 (D. Or. 1988)

Law Review Cita­tions

18 WLR 1 (1982)

Chapter 166

Law Review Cita­tions

51 OLR 427-637 (1972); 69 OLR 169 (1990)


1 Legislative Counsel Committee, CHAPTER 166—Offenses Against Public Order; Firearms and Other Weapons; Racketeering, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors166.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 166, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano166.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.