Oregon Statutes 124.005 – Definitions for ORS 124.005 to 124.040
As used in ORS § 124.005 to 124.040:
Terms Used In Oregon Statutes 124.005
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- person with a disability: means any person who:
(a) Has a physical or mental impairment which substantially limits one or more major life activities;
(b) Has a record of such an impairment; or
(c) Is regarded as having such an impairment. See Oregon Statutes 174.107
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(1) ‘Abuse’ means one or more of the following:
(a) Any physical injury caused by other than accidental means, or that appears to be at variance with the explanation given of the injury.
(b) Neglect that leads to physical harm through withholding of services necessary to maintain health and well-being.
(c) Abandonment, including desertion or willful forsaking of an elderly person or a person with a disability or the withdrawal or neglect of duties and obligations owed an elderly person or a person with a disability by a caregiver or other person.
(d) Willful infliction of physical pain or injury.
(e) Use of derogatory or inappropriate names, phrases or profanity, ridicule, harassment, coercion, threats, cursing, intimidation or inappropriate sexual comments or conduct of such a nature as to threaten significant physical or emotional harm to the elderly person or person with a disability.
(f) Causing any sweepstakes promotion to be mailed to an elderly person or a person with a disability who had received sweepstakes promotional material in the United States mail, spent more than $500 in the preceding year on any sweepstakes promotions, or any combination of sweepstakes promotions from the same service, regardless of the identities of the originators of the sweepstakes promotion and who represented to the court that the person felt the need for the court’s assistance to prevent the person from incurring further expense.
(g) Wrongfully taking or appropriating money or property, or knowingly subjecting an elderly person or person with a disability to alarm by conveying a threat to wrongfully take or appropriate money or property, which threat reasonably would be expected to cause the elderly person or person with a disability to believe that the threat will be carried out.
(h) Sexual contact with a nonconsenting elderly person or person with a disability or with an elderly person or person with a disability considered incapable of consenting to a sexual act as described in ORS § 163.315. As used in this paragraph, ‘sexual contact’ has the meaning given that term in ORS § 163.305.
(2) ‘Declaration under penalty of perjury’ means a declaration under penalty of perjury in the form required by ORCP 1 E.
(3) ‘Elderly person’ means any person 65 years of age or older.
(4) ‘Guardian petitioner’ means a guardian or guardian ad litem for an elderly person or a person with a disability who files a petition under ORS § 124.005 to 124.040 on behalf of the elderly person or person with a disability.
(5) ‘Interfere’ means to interpose in a way that hinders or impedes.
(6) ‘Intimidate’ means to compel or deter conduct by a threat.
(7) ‘Menace’ means to act in a threatening manner.
(8) ‘Molest’ means to annoy, disturb or persecute with hostile intent or injurious effect.
(9) ‘Person with a disability’ means a person described in:
(a) ORS § 410.040 (7); or
(b) ORS § 410.715.
(10) ‘Petitioner’ means an elderly person or a person with a disability who files a petition under ORS § 124.005 to 124.040.
(11) ‘Sweepstakes’ means:
(a) A procedure for awarding a prize that is based on chance;
(b) A procedure in which a person is required to purchase anything, pay anything of value or make a donation as a condition of winning a prize or of receiving or obtaining information about a prize; or
(c) A procedure that is advertised in a way that creates a reasonable impression that a payment of anything of value, purchase of anything or making a donation is a condition of winning a prize or receiving or obtaining information about a prize.
(12) ‘Sweepstakes promotion’ means an offer to participate in a sweepstakes. [1995 c.666 3,3a; 1999 c.738 § 1; 1999 c.875 § 6; 2003 c.257 § 1a; 2003 c.264 § 1; 2005 c.671 § 1; 2007 c.70 § 24; 2011 c.36 § 2; 2015 c.121 § 17; 2019 c.93 § 1]