Oregon Statutes 137.103 – Definitions for ORS 137.101 to 137.109
As used in ORS § 137.101 to 137.109:
Terms Used In Oregon Statutes 137.103
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Trustee: A person or institution holding and administering property in trust.
(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, except that ‘economic damages’ does not include future impairment of earning capacity; and
(b) In cases involving criminal activities described in ORS § 163.263, 163.264 or 163.266, includes the greater of:
(A) The value to the defendant of the victim’s services as defined in ORS § 163.261; or
(B) The value of the victim’s services, as defined in ORS § 163.261, computed using the minimum wage established under ORS § 653.025 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.
(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]