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Cite

State ex rel Juv. Dept. v. S.J.P.

247 Or App _____

January 25, 2012

Douglas County

Summary

The trial court ordered that the youth pay compensatory fines to the victim for the expenses incurred for the cost of the plane ticket the victim bought to attend trial. The court reversed noting that compensatory fines can only be imposed if the victim was entitled to economic damages. For a compensatory fine to be ordered, the state must prove that there was criminal activity, that there were economic damages and finally, that there is a causal relationship between the two. The cost of the airfare was just that, a cost. The victim could not have been awarded economic damages for the airfare, therefore the court erred in ordering the youth to reimburse the victim for the airfare.

Key Words

Cited Cases and Statutes

  • State v. Barkley, 315 Or 420, cert den, 510 US 837 (1993)
  • State v. Dillon, 292 Or 172 (1981)
  • State v. Donahue, 165 Or App 143 (2000)
  • State v. Forrester, 130 Or App 459 (1994)
  • State v. Haines, 238 Or App 431 (2010)
  • State v. Mahoney, 115 Or App 440 (1992), modified on recons, 118 Or App 1, rev den, 316 Or 142 (1993)
  • State v. Neese, 229 Or App 182, rev den, 347 Or 718 (2010)
  • State v. O'Brien, 96 Or App 498, rev den, 308 Or 466 (1989)
  • State v. Steckler, 236 Or App 524 (2010)


  • 31.710(2)(a)
  • 137.101(1)
  • 137.103(2), (4)
  • 419C.459 - 2009 Version
  • ORCP 68

Cited By