State v. EV
240 Or. App. 298
Or. Ct. App.2010Background
- Juvenile adjudicated for acts that, if adult, would constitute sexual abuse in the third degree (three counts against three victims).
- State moved to order restitution to an insurance carrier and the Criminal Injuries Compensation Account for counseling expenses.
- Youth objected that carriers and account are not “victims” for juvenile restitution.
- Juvenile court ordered restitution: $761.20 to the insurance carrier and $311.80 to the account.
- On appeal, the issue is whether the terms “victim” under the juvenile restitution statute include insurance carriers and the account, given statutory integration with criminal restitution definitions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are insurance carriers and the CI Account victims for juvenile restitution? | Youth argues no; defined victim in juvenile context is a person who suffered physical/emotional injury. | State contends that the statutory framework for restitution incorporates the criminal code’s victim definition, including carriers and the account. | Yes; carriers and the account are victims under the integrated restitution definition. |
| Does ORS 137.103 define restitution to apply in juvenile cases via ORS 419C.450? | Youth contends the juvenile statute defines victim differently. | State argues ORS 137.103 governs restitution terms incorporated into juvenile code. | Yes; the restitution definition from ORS 137.103 applies in juvenile cases. |
| Does ORS 419A.004(31) (general victim definition) alter the criminal-code-based victim definition for juvenile restitution? | Youth relies on a broader juvenile victim definition. | Court must apply the criminal-restoration framework unless context requires otherwise. | No; context requires applying the criminal-code victim definition, including carriers and account. |
Key Cases Cited
- State v. Gaines, 346 Or. 160 (Or. 2009) (statutory interpretation; text in context best evidence of legislative intent)
- PGE v. Bureau of Labor and Industries, 317 Or. 606 (Or. 1993) (interpretation of statutes, context governs)
