State v. Alonso

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 03-22-2017
  • Case #: A156777
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & DeHoog, J.
  • Full Text Opinion

Compensatory fines cannot be imposed if the victim would not have a remedy in a civil action based on the crime.

Defendant was convicted for third-degree rape and appealed the imposition of a compensatory fine for the victim's tattoo removal. Defendant made the victim, who was a minor and had his child, get a tattoo to prove her dedication and love to Defendant. On appeal, the Court stated that one of three prerequisites to impose compensatory damages assumes a remedy in civil action. The Court found that there was no theory of civil liability that allows the victim to recover the tattoo removal cost in a civil action for third degree rape. A compensatory fine for a tattoo removal cannot be imposed on a conviction for third-degree rape degree rape. Compensatory fine reversed.

 

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