ORS 137.103
Definitions for ORS 137.101 to 137.109


As used in ORS 137.101 (Compensatory fine) to 137.109 (Effect of restitution order on other remedies of victim):

(1)

“Criminal activities” means any offense with respect to which the defendant is convicted or any other criminal conduct admitted by the defendant.

(2)

“Economic damages”:

(a)

Has the meaning given that term in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict), except that “economic damages” does not include future impairment of earning capacity; and

(b)

In cases involving criminal activities described in 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), includes the greater of:

(A)

The value to the defendant of the victim’s services as defined in ORS 163.261 (Definitions for ORS 163.263 and 163.264); or

(B)

The value of the victim’s services, as defined in ORS 163.261 (Definitions for ORS 163.263 and 163.264), computed using the minimum wage established under ORS 653.025 (Minimum wage rate) and the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

(3)

“Restitution” means full, partial or nominal payment of economic damages to a victim. Restitution is independent of and may be awarded in addition to a compensatory fine awarded under ORS 137.101 (Compensatory fine).

(4)

“Victim” means:

(a)

The person or decedent against whom the defendant committed the criminal offense, if the court determines that the person or decedent has suffered or did suffer economic damages as a result of the offense.

(b)

Any person not described in paragraph (a) of this subsection whom the court determines has suffered economic damages as a result of the defendant’s criminal activities.

(c)

The Criminal Injuries Compensation Account, if it has expended moneys on behalf of a victim described in paragraph (a) of this subsection.

(d)

An insurance carrier, if it has expended moneys on behalf of a victim described in paragraph (a) of this subsection.

(e)

Upon the death of a victim described in paragraph (a) or (b) of this subsection, the estate of the victim.

(f)

The estate, successor in interest, trust, trustee, successor trustee or beneficiary of a trust against which the defendant committed the criminal offense, if the court determines that the estate, successor in interest, trust, trustee, successor trustee or beneficiary of a trust suffered economic damages as a result of the offense.

(5)

“Victim” does not include any coparticipant in the defendant’s criminal activities. [1977 c.371 §1; 1981 c.637 §1; 1983 c.488 §1; 1983 c.740 §16; 1987 c.905 §16; 2005 c.564 §1; 2005 c.642 §4; 2007 c.811 §5; 2015 c.9 §1; 2021 c.478 §9]

Source: Section 137.103 — Definitions for ORS 137.101 to 137.109, https://www.­oregonlegislature.­gov/bills_laws/ors/ors137.­html.

Notes of Decisions

Traffic infraction is not “criminal activity” as defined in this section. State v. Jameson, 37 Or App 151, 586 P2d 380 (1978), Sup Ct review denied

Legislative intent is to make restitution flexible sentencing device by permitting court to order restitution for losses from criminal conduct admitted by defendant, as well as from conduct for which defendant is convicted. State v. Zimmerman, 37 Or App 163, 586 P2d 377 (1978)

Where defendant pleaded guilty to one count of theft but second count, which he expressly denied, was dismissed as result of plea agreement, court lacked authority to order restitution of victim of second theft. State v. Armstrong, 44 Or App 219, 605 P2d 736 (1980), Sup Ct review denied

Where defendant was convicted of theft for stealing guitar from professional musician, costs incurred by victim to rent replacement guitar were proper element of restitution since these costs would be recoverable as special damages in civil action. State v. Lewis, 49 Or App 447, 619 P2d 684 (1980)

Pawnshop to whom defendant sold stolen guitar was “victim” under this section and entitled to restitution under ORS 137.106. State v. Lewis, 49 Or App 447, 619 P2d 684 (1980)

Since insurance company which paid benefits to its insured, where insured was injured by criminal defendant, was subrogated to its insured’s rights, insurance company suffered pecuniary damages and was “victim” under this section. State v. Divers, 51 Or App 351, 625 P2d 681 (1981)

Damage defendant caused to police vehicles in course of committing crimes for which he was convicted were properly recoverable as “pecuniary damages” since these damages could have been recovered in a civil action. State v. Dillon, 292 Or 172, 637 P2d 602 (1981)

Adult and Family Services Division was not “victim” for purposes of this section where defendant was eligible recipient of medical services and he could not have been found civilly liable for them. State v. Dillon, 292 Or 172, 637 P2d 602 (1981)

Where defendants were convicted of failure to perform statutory duties following a motor vehicle accident, injuries resulting from these accidents were not “criminal activities” within meaning of this section. State v. Eastman/Kovach, 292 Or 184, 637 P2d 609 (1981)

Though defendant contended that his admission, made during plea negotiations, of “civil liability” for transactions involving odometer rollbacks was not admission of criminal conduct under this section, court-ordered restitution to known victim of defendant’s act was proper. State v. Davis, 57 Or App 322, 644 P2d 623 (1982)

Order requiring defendant to pay restitution to Salem Police Department for amount received from sale of cocaine to Salem police officers was proper. State v. Pettit, 73 Or App 510, 698 P2d 1049 (1985), Sup Ct review denied

Where defendants obstructed truck traffic to protest logging operations and pleaded no contest to charges of disorderly conduct, restitution order could include special, but not general damages, and damages for lost truck time were improper where company owning trucks would incur cost involved whether trucks were running or sitting still. State v. Heath, 75 Or App 425, 706 P2d 598 (1985)

Where defendant was indicted for unauthorized use of motor vehicle “on or about the 22nd of April,” although van was stolen on April 21, where state offered evidence only of defendant’s use on April 22 he could be sentenced to restitution for pecuniary damages to vehicle that resulted from his April 22 use. State v. Sellers, 76 Or App 552, 709 P2d 768 (1985), Sup Ct review denied

Attorney fees are not recoverable “special damages” if incurred in preparation of civil suit arising out of defendant’s criminal conduct. State v. O’Brien, 96 Or App 498, 774 P2d 1109 (1989), Sup Ct review denied

Court may require restitution for criminal activities that defendant admits even if defendant was not charged with or convicted of those activities. State v. Panther, 99 Or App 184, 781 P2d 407 (1989)

Where company’s labor and service costs constituted pecuniary damages under this section, trial court did not err in ordering defendant to pay costs as restitution under ORS 137.106 for repair of electric meter with which defendant had tampered. State v. Louden, 101 Or App 367, 790 P2d 1182 (1990)

Because sales contract did not allow seller of house to recover incurred sales commission, criminal sentence requiring defendant-buyer to pay restitution for sales commission exceeded maximum allowed by law. State v. Kochajda, 114 Or App 283, 835 P2d 142 (1992)

Attorney fees are recoverable “special damages” if incurred to assure indictment and criminal prosecution, notwithstanding that victim may subsequently file civil suit arising out of defendant’s criminal conduct. State v. Mahoney, 115 Or App 440, 830 P2d 1100 (1992), Sup Ct review denied, as modified by 118 Or App 1, 846 P2d 413 (1993)

“But for” standard of causation applies in determining whether damages are eligible for restitution. State v. Bullock, 135 Or App 303, 899 P2d 709 (1995)

Court may treat replacement value of stolen property as proper measure of pecuniary damages. State v. Wise, 150 Or App 449, 946 P2d 363 (1997)

Person incurs expenses for purpose of receiving restitution if person is subject to those expenses, regardless of whether third party pays or writes off portion of those expenses. State v. Romero-Navarro, 224 Or App 25, 197 P3d 30 (2008), Sup Ct review denied

Person suffers economic damages for purpose of receiving restitution if person expends money on behalf of victim or victim’s estate. State v. Romero-Navarro, 224 Or App 25, 197 P3d 30 (2008), Sup Ct review denied

Where defendant injured defendant’s child and insurer paid child’s medical expenses and child is not “victim” under this section because “victim” is one against whom crime is committed and who incurred economic damages as result of crime, insurer is not entitled to restitution because insurer did not expend money on behalf of victim. State v. White, 299 Or App 165, 449 P3d 924 (2019)

Where victim missed work to voluntarily provide victim impact statement at sentencing hearing, lost wages were “economic damages” because attendance at hearing was “reasonably necessary” to protect victim’s right to make victim impact statement. State v. Nichols, 306 Or App 189, 473 P3d 1145 (2020)

Victim’s lost wages due to voluntarily attending pretrial hearings were not “economic damages” because victim’s attendance was not “reasonably necessary” to protect victim’s right to make victim impact statement. State v. Nichols, 306 Or App 189, 473 P3d 1145 (2020)

137.010
Duty of court to ascertain and impose punishment
137.012
Suspension of imposition or execution of sentence of person convicted of certain sexual offenses
137.013
Appearance by victim at time of sentencing
137.017
Disposition of fines, costs and security deposits received by court
137.020
Time for pronouncing judgment
137.030
Presence of defendant at pronouncement of judgment
137.040
Bringing defendant in custody to pronouncement of judgment
137.050
Nonattendance or nonappearance of released defendant when attendance required by court
137.060
Form of bench warrant
137.070
Counties to which bench warrant may issue
137.071
Requirements for judgment documents
137.074
Fingerprints of convicted felons and certain misdemeanants required
137.076
Blood or buccal sample and thumbprint of certain convicted defendants required
137.077
Presentence report
137.079
Presentence report
137.080
Consideration of circumstances in aggravation or mitigation of punishment
137.085
Age and physical disability of victim as factors in sentencing
137.090
Considerations in determining aggravation or mitigation
137.100
Defendant as witness in relation to circumstances
137.101
Compensatory fine
137.103
Definitions for ORS 137.101 to 137.109
137.105
Authority of trial court during pendency of appeal
137.106
Restitution to victims
137.107
Authority of court to amend part of judgment relating to restitution
137.108
Restitution when defendant has entered into diversion agreement
137.109
Effect of restitution order on other remedies of victim
137.118
Assignment of judgments for collection of monetary obligation
137.120
Term of sentence
137.121
Maximum consecutive sentences
137.123
Provisions relating to concurrent and consecutive sentences
137.124
Commitment of defendant to Department of Corrections or county
137.126
Definitions for ORS 137.126 to 137.131
137.128
Community service as part of sentence
137.129
Length of community service sentence
137.131
Community service as condition of probation for offense involving graffiti
137.138
Forfeiture of weapons and revocation of hunting license for certain convictions
137.143
All monetary obligations constitute single obligation on part of convicted person
137.145
Definitions for ORS 137.145 to 137.159
137.146
Priorities for application of payments on criminal judgments entered in circuit courts
137.147
Priorities for application of payments on criminal judgments entered in local courts
137.149
Level I obligations in circuit court judgments
137.151
Level I obligations in local court judgments
137.153
Level II obligations in circuit court judgments
137.154
Level II obligations in local court judgments
137.155
Level III obligations in circuit court judgments
137.156
Level III obligations in local court judgments
137.157
Level IV obligations in circuit court judgments
137.158
Level IV obligations in local court judgments
137.159
Level V obligations in circuit court judgments
137.167
Imprisonment when county jail is not suitable for safe confinement
137.170
Entry of judgment in criminal action
137.172
Entry of corrected judgment
137.175
Judgment in criminal action that effects release of defendant
137.183
Interest on judgments
137.210
Taxation of costs against complainant
137.212
Clerk to prepare trial court file
137.218
Joint petition for reconsideration of conviction or sentence
137.221
Vacation of judgment of conviction for prostitution
137.222
Motion for reduction of marijuana conviction offense classification
137.223
Order setting aside judgment of guilty except for insanity
137.225
Order setting aside conviction or record of criminal charge
137.226
Eligibility for order setting aside certain marijuana convictions
137.227
Evaluation after conviction to determine if defendant is alcoholic or drug-dependent person
137.228
Finding that defendant is alcoholic or drug-dependent person
137.229
Duty of Department of Corrections
137.230
Definitions for ORS 137.260
137.260
Political rights restored to persons convicted of felony before August 9, 1961, and subsequently discharged
137.270
Effect of felony conviction on property of defendant
137.275
Effect of felony conviction on civil and political rights of felon
137.281
Withdrawal of rights during term of incarceration
137.285
Retained rights of felon
137.286
Minimum fines for misdemeanors and felonies
137.300
Criminal Fine Account
137.301
Legislative findings
137.310
Authorizing execution of judgment
137.315
Electronic telecommunication of notice of judgment authorized
137.320
Delivery of defendant when committed to Department of Corrections
137.330
Where judgment of imprisonment in county jail is executed
137.333
Exception to ORS 137.330
137.370
Commencement and computation of term of imprisonment in state correctional institution
137.372
Credit for time served as part of probationary sentence
137.375
Release of prisoners whose terms expire on weekends or legal holidays
137.380
Discipline, treatment and employment of prisoners
137.390
Commencement, term and termination of term of imprisonment in county jail
137.440
Return by officer executing judgment
137.450
Enforcement of money judgment in criminal action
137.452
Satisfaction of monetary obligation imposed as part of sentence
137.463
Death warrant hearing
137.464
Administrative assessment of defendant’s mental capacity
137.466
Judicial determination of defendant’s mental capacity
137.467
Delivery of warrant when place of trial changed
137.473
Means of inflicting death
137.476
Assistance by licensed health care professional or nonlicensed medically trained person
137.478
Return of death warrant after execution of sentence of death
137.482
Service of documents on defendant
137.520
Power of committing magistrate to parole and grant temporary release to persons confined in county jail
137.523
Custody of person sentenced to confinement as condition of probation
137.525
Probation for person convicted of crime described in ORS 163.305 to 163.467
137.530
Investigation and report of parole and probation officers
137.532
Probation without entering plea
137.533
Probation without entering judgment of guilt
137.540
Conditions of probation
137.542
Probation conditions related to medical use of cannabis
137.545
Period of probation
137.547
Consolidation of probation violation proceedings
137.551
Revocation of probationary sentences
137.553
Use of citations for probation violations authorized
137.557
Citation
137.560
Copies of certain judgments to be sent to Department of Corrections
137.570
Authority to transfer probationer from one agency to another
137.580
Effect of transfer of probationer from one agency to another
137.590
Appointment of parole and probation officers and assistants
137.592
Policy regarding probation violations
137.593
Duty of corrections agencies to impose structured, intermediate sanctions for probation violations
137.595
Establishing system of sanctions
137.596
Probation violations
137.597
Probationer may consent to imposition of sanctions
137.599
Hearing prior to, or after, imposition of sanctions
137.610
Performance by Department of Corrections staff of duties of parole and probation officers appointed by judge
137.620
Powers of parole and probation officers
137.630
Duties of parole and probation officers
137.633
Earned reduction of supervision period
137.635
Determinate sentences required for certain felony convictions
137.637
Determining length of determinate sentences
137.651
Definitions for ORS 137.654, 137.656 and 137.658
137.654
Oregon Criminal Justice Commission
137.656
Purpose and duties of commission
137.658
Authority of chairperson to create committees within commission
137.661
Agency cooperation with commission
137.662
Oregon Criminal Justice Commission Account
137.667
Amendments to sentencing guidelines
137.669
Guidelines control sentences
137.671
Authority of court to impose sentence outside guidelines
137.672
Aggravating factor sentencing rules relating to gender identity of victim
137.673
Validity of rules
137.674
Use of force data analysis
137.676
Development of method for district attorneys to record and report bias-related crime data
137.678
Analysis of bias-related crime and incident data
137.679
Restorative justice grant program
137.680
Development of specialty court standards
137.681
Innovative Grant Program
137.682
Innovative Grant Fund
137.683
Racial and ethnic impact statements for proposed legislation
137.685
Racial and ethnic impact statements for state measures
137.689
Oregon Crimefighting Act
137.690
Major felony sex crime
137.700
Offenses requiring imposition of mandatory minimum sentences
137.705
Definitions
137.707
Mandatory minimum sentences for certain juvenile offenders waived to adult court
137.709
Application of ORS 137.700 and 137.707
137.712
Exceptions to ORS 137.700 and 137.707
137.717
Presumptive sentences for certain property offenders
137.719
Presumptive life sentence for certain sex offenders upon third conviction
137.725
Presumptive life sentence for certain sex offenders upon second conviction
137.750
Sentencing requirements concerning defendant’s eligibility for certain types of leave, release or programs
137.751
Determination of defendant’s eligibility for release on post-prison supervision under ORS 421.508
137.752
Requirements when defendant committed to custody of county
137.754
Authority of court to modify judgment to comply with ORS 137.750 and 137.752
137.765
Sexually violent dangerous offenders
137.767
Presentence investigation and examination
137.769
Defendant’s right to independent examination
137.771
Resentencing hearing
137.924
Supervisory authority to provide information to agency directors
137.930
Criminal history data provider requirements
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