State v. Adams

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 06-28-2017
  • Case #: A153434
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Hadlock, C.J.; & Egan, J.
  • Full Text Opinion

“There are three prerequisites for ordering a compensatory ne under ORS 137.101: (1) criminal activities, (2) economic damages, and (3) a causal relationship between the two.” State v. Alonso, 284 Or App 512, 516, 393 P3d 256 (2017).

Defendant appealed a supplemental judgment assessing a $5,000 compensatory fine as part of his conviction on multiple counts of sexual abuse and encouraging child sex abuse. Defendant assigned error to the imposition of the compensatory fine. He argued that (1) there was no causal relationship between defendant’s conduct and the victim’s injuries, and (2) the state did not prove the economic damages were $5,000. “There are three prerequisites for ordering a compensatory ne under ORS 137.101: (1) criminal activities, (2) economic damages, and (3) a causal relationship between the two.” State v. Alonso, 284 Or App 512, 516, 393 P3d 256 (2017).  In reviewing the record, the Court of Appeals held that a “but-for” causal relationship between had been established through the victim’s statements and testimony, and that there was no requirement that the state establish that the amount of the compensatory fine was the exact amount of the victim’s economic damages. Affirmed. 

 

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