ORS 137.103¹
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), 161.675 (Time and method of payment of fines, restitution and costs) and 161.685 (Effect of nonpayment of fines, restitution or costs):

(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 31.710 (Noneconomic damages), 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 against whom the defendant committed the criminal offense, if the court determines that the person has suffered 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.

(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]

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 (Restitution to victims). 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 (Restitution to victims) 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)

Notes of Decisions

Type and amount of restitu­tion is limited to that which would be recovered as special damages in civil ac­tion and, where sub­se­quent civil ac­tion is barred, further restitu­tion is barred. State v. Rodriguez, 88 Or App 429, 745 P2d 811 (1987), Sup Ct review denied; State v. Thompson, 138 Or App 247, 908 P2d 329 (1995)

1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­137ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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