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]
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