Oregon Statutes 166.715 – Definitions for ORS 166.715 to 166.735
As used in ORS § 166.715 to 166.735, unless the context requires otherwise:
Terms Used In Oregon Statutes 166.715
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Statute: A law passed by a legislature.
- Usury: Charging an illegally high interest rate on a loan. Source: OCC
(1) ‘Documentary material’ means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.
(2) ‘Enterprise’ includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(3) ‘Investigative agency’ means the Department of Justice or any district attorney.
(4) ‘Pattern of racketeering activity’ means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS § 131.505 to 131.525 or 419A.190 or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudication, unless the prosecution resulted in an acquittal or the adjudication resulted in entry of an order finding the youth not to be within the jurisdiction of the juvenile court.
(5) ‘Person’ means any individual or entity capable of holding a legal or beneficial interest in real or personal property.
(6) ‘Racketeering activity’ includes conduct of a person committed both before and after the person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit:
(a) Any conduct that constitutes a crime, as defined in ORS § 161.515, under any of the following provisions of the Oregon Revised Statutes:
(A) ORS § 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995, relating to securities;
(B) ORS § 162.015, 162.025 and 162.065 to 162.085, relating to bribery and perjury;
(C) ORS § 162.235, 162.265 to 162.305, 162.325, 162.335, 162.355 and 162.365, relating to obstructing governmental administration;
(D) ORS § 162.405 to 162.425, relating to abuse of public office;
(E) ORS § 162.455, relating to interference with legislative operation;
(F) ORS § 163.095 to 163.115, 163.118, 163.125 and 163.145, relating to criminal homicide;
(G) ORS § 163.160 to 163.205, relating to assault and related offenses;
(H) ORS § 163.225 and 163.235, relating to kidnapping;
(I) ORS § 163.275, relating to coercion;
(J) ORS § 163.665 to 163.693, relating to sexual conduct of children;
(K) ORS § 164.015, 164.043, 164.045, 164.055, 164.057, 164.075 to 164.095, 164.098, 164.125, 164.135, 164.140, 164.215, 164.225 and 164.245 to 164.270, relating to theft, burglary, criminal trespass and related offenses;
(L) ORS § 164.315 to 164.335, relating to arson and related offenses;
(M) ORS § 164.345 to 164.365, relating to criminal mischief;
(N) ORS § 164.395 to 164.415, relating to robbery;
(O) ORS § 164.865, 164.875 and 164.868 to 164.872, relating to unlawful recording or labeling of a recording;
(P) ORS § 165.007 to 165.022, 165.032 to 165.042 and 165.055 to 165.070, relating to forgery and related offenses;
(Q) ORS § 165.080 to 165.109, relating to business and commercial offenses;
(R) ORS § 165.540 and 165.555, relating to communication crimes;
(S) ORS § 166.180, 166.190, 166.220, 166.250, 166.270, 166.275, 166.410, 166.450 and 166.470, relating to firearms and other weapons;
(T) ORS § 164.377 (2) to (4), as punishable under ORS § 164.377 (5)(b), 167.007 to 167.017, 167.057, 167.062 to 167.080, 167.090, 167.122 to 167.137, 167.147, 167.164, 167.167, 167.212, 167.355, 167.365, 167.370, 167.428, 167.431 and 167.439, relating to prostitution, obscenity, sexual conduct, gambling, computer crimes involving the Oregon State Lottery, animal fighting, forcible recovery of a fighting bird and related offenses;
(U) ORS § 171.990, relating to legislative witnesses;
(V) ORS § 260.575 and 260.665, relating to election offenses;
(W) ORS § 314.075, relating to income tax;
(X) ORS § 180.440 (2) and 180.486 (2) and ORS Chapter 323, relating to cigarette and tobacco products taxes and the directories developed under ORS § 180.425 and 180.477;
(Y) ORS § 411.630, 411.675, 411.690 and 411.840, relating to public assistance payments or medical assistance benefits, and ORS § 411.990 (2) and (3);
(Z) ORS § 462.140, 462.415 and 462.420 to 462.520, relating to racing;
(AA) ORS § 463.995, relating to entertainment wrestling and unarmed combat sports, as defined in ORS § 463.015;
(BB) ORS § 471.305, 471.360, 471.392 to 471.400, 471.403, 471.404, 471.405, 471.425, 471.442, 471.445, 471.446, 471.485, 471.490 and 471.675, relating to alcoholic liquor, and any of the provisions of ORS Chapter 471 relating to licenses issued under the Liquor Control Act;
(CC) ORS § 475C.005 to 475C.525, relating to marijuana items as defined in ORS § 475C.009;
(DD) ORS § 475.005 to 475.285 and 475.752 to 475.980, relating to controlled substances;
(EE) ORS § 480.070, 480.210, 480.215, 480.235 and 480.265, relating to explosives;
(FF) ORS § 819.010, 819.040, 822.100, 822.135 and 822.150, relating to motor vehicles;
(GG) ORS § 658.452 or 658.991 (2) to (4), relating to labor contractors;
(HH) ORS Chapter 706, relating to banking law administration;
(II) ORS Chapter 714, relating to branch banking;
(JJ) ORS Chapter 716, relating to mutual savings banks;
(KK) ORS Chapter 723, relating to credit unions;
(LL) ORS Chapter 726, relating to pawnbrokers;
(MM) ORS § 166.382 and 166.384, relating to destructive devices;
(NN) ORS § 165.074;
(OO) ORS § 86A.095 to 86A.198, relating to mortgage bankers and mortgage brokers;
(PP) ORS Chapter 496, 497 or 498, relating to wildlife;
(QQ) ORS § 163.355 to 163.427, relating to sexual offenses;
(RR) ORS § 166.015, relating to riot;
(SS) ORS § 166.155 and 166.165, relating to bias crimes;
(TT) ORS Chapter 696, relating to real estate and escrow;
(UU) ORS Chapter 704, relating to outfitters and guides;
(VV) ORS § 165.692, relating to making a false claim for health care payment;
(WW) ORS § 162.117, relating to public investment fraud;
(XX) ORS § 164.170 or 164.172;
(YY) ORS § 647.140, 647.145 or 647.150, relating to trademark counterfeiting;
(ZZ) ORS § 164.886;
(AAA) ORS § 167.312 and 167.388;
(BBB) ORS § 164.889;
(CCC) ORS § 165.800; or
(DDD) ORS § 163.263, 163.264 or 163.266.
(b) Any conduct defined as ‘racketeering activity’ under 18 U.S.C. § 1961 (1)(B), (C), (D) and (E).
(7) ‘Unlawful debt’ means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in whole or in part because the debt was incurred or contracted:
(a) In violation of any one of the following:
(A) ORS Chapter 462, relating to racing;
(B) ORS § 167.108 to 167.164, relating to gambling; or
(C) ORS § 82.010 to 82.170, relating to interest and usury.
(b) In gambling activity in violation of federal law or in the business of lending money at a rate usurious under federal or state law.
(8) Notwithstanding contrary provisions in ORS § 174.060, when this section references a statute in the Oregon Revised Statutes that is substantially different in the nature of its essential provisions from what the statute was when this section was enacted, the reference shall extend to and include amendments to the statute. [1981 c.769 § 2; 1983 c.338 § 898; 1983 c.715 § 1; 1985 c.176 § 5; 1985 c.557 § 8; 1987 c.158 § 31; 1987 c.249 § 7; 1987 c.789 § 20; 1987 c.907 § 12; 1989 c.384 § 2; 1989 c.839 § 27; 1989 c.846 § 13; 1989 c.982 § 6; 1991 c.398 § 3; 1991 c.962 § 6; 1993 c.95 § 13; 1993 c.215 § 1; 1993 c.508 § 45; 1993 c.680 § 29; 1995 c.301 § 35; 1995 c.440 § 13; 1995 c.768 § 10; 1997 c.631 § 420; 1997 c.789 § 1; 1997 c.867 § 23; 1999 c.722 § 8; 1999 c.878 § 4; 2001 c.146 § 1; 2001 c.147 § 3; 2003 c.111 § 1; 2003 c.484 § 8; 2003 c.801 § 15; 2003 c.804 § 66; 2007 c.498 § 3; 2007 c.585 § 26; 2007 c.811 § 7; 2007 c.869 § 7; 2009 c.717 § 25; 2011 c.597 § 166; 2011 c.681 § 6; 2013 c.584 § 27; 2013 c.688 § 23; 2017 c.21 § 46; 2017 c.235 § 21; 2019 c.553 § 15]