161.655 Fines
for corporations.
(1) A sentence to pay a fine when imposed on a corporation for an offense
defined in the Oregon Criminal Code or for an offense defined outside this code
for which no special corporate fine is specified, shall be a sentence to pay an
amount, fixed by the court, not exceeding:
(a) $50,000 when
the conviction is of a felony.
(b) $5,000 when
the conviction is of a Class A misdemeanor or of an unclassified misdemeanor
for which a term of imprisonment of more than six months is authorized.
(c) $2,500 when
the conviction is of a Class B misdemeanor or of an unclassified misdemeanor
for which the authorized term of imprisonment is not more than six months.
(d) $1,000 when
the conviction is of a Class C misdemeanor or an unclassified misdemeanor for
which the authorized term of imprisonment is not more than 30 days.
(2) A sentence to
pay a fine, when imposed on a corporation for an offense defined outside the
Oregon Criminal Code, if a special fine for a corporation is provided in the
statute defining the offense, shall be a sentence to pay an amount, fixed by
the court, as provided in the statute defining the offense.
(3) If a
corporation has gained money or property through the commission of an offense,
then upon conviction thereof the court, in lieu of imposing the fine authorized
for the offense under subsection (1) or (2) of this section, may sentence the
corporation to pay an amount, fixed by the court, not exceeding double the
amount of the corporation’s gain from the commission of the offense. In that
event, ORS 161.625 (4) and (5) apply. [1971 c.743 §79; 1999 c.1051 §45]
Notes of Decisions
State v. Moreno-Hernandez, 442 P.3d 1092 (Or. 2019).
· cites it 2× “635(1) (for classified *1095 misdemeanors), and ORS 161.655 (when the defendant is a corporation).”
Est. of Schwarz v. Philip Morris Inc., 135 P.3d 409 (Or. Ct. App. 2006).
· cites it 2× “(citing ORS 161.655(1)(a), (3)). Hence, the criminal penalty that could be imposed against defendant for its conduct in causing Michelle's death is at least $50,000.”
Goddard v. Farmers Ins., 179 P.3d 645 (Or. 2008).
· cites it 2× “625(1) (1987) (for all classes of felonies, fine not to exceed $100,000); ORS 161.655(l)(a) (1987) (for felony by corporation, fine not to exceed $50,000).”
State v. Flajole, 129 P.3d 770 (Or. Ct. App. 2006).
· cites it 6× “We noted, however, that ORS 161.655 did not provide that authority; we explained that “the statute governs the costs of prosecution.”
Williams v. Philip Morris Inc., 127 P.3d 1165 (Or. 2006).
“ORS 161.655(l)(a) and (3). Thus, the possibility of severe criminal sanctions, both for any individual who participated and for the corporation generally, put Philip Morris on notice that Oregon would take such conduct very seriously.”
Groth v. Hyundai Precision & Ind. Co., 149 P.3d 333 (Or. Ct. App. 2006).
· cites it 3× “ORS 161.655(l)(a), (3). Thus, in Williams, the third Gore factor supported a significant punitive damages award because “the possibility of severe criminal sanctions, both for any individual who participated and for the corporation generally, put [the defendant corporation] on…”
State v. Benoit, 311 P.3d 874 (Or. 2013).
“*311 Amicus ACLU Foundation of Oregon, Inc. disputes most of those contentions.”
State v. Wilson, 92 P.3d 729 (Or. Ct. App. 2004).
“Such expenses, which are incurred irrespective of specific violations of law, are no more recoverable as restitution than they *511 are recoverable as costs under ORS 161.655. Because the expenses at issue are not recoverable under any theory of civil liability, the trial court…”
Schwarz v. Philip Morris USA, Inc., 355 P.3d 931 (Or. Ct. App. 2015).
· cites it 2× “625(l)(c) (fine). Corporations that commit a felony of any class may be fined up to $50,000, or required to pay up to twice the amount that the corporation gained by committing the offense.”
State v. Heston, 704 P.2d 541 (Or. Ct. App. 1985).
“The expenses, the state argues, are not the kind of expenditure necessary for DVA to carry out its primary function. The money DVA paid to the Department came from DVA’s general fund and, the state argues, but for the prosecution of defendant, DVA would not have incurred the…”
State v. Martin, 642 P.2d 1196 (Or. Ct. App. 1982).
“The order to pay restitution for the cost of towing defendant’s car from the scene of the crime was not authorized by statute.”
— Or. Rev. Stat. § 161.655(1) — 1 case
State v. Flajole, 129 P.3d 770 (Or. Ct. App. 2006).
“We noted, however, that ORS 161.655 did not provide that authority; we explained that “the statute governs the costs of prosecution.”
— Or. Rev. Stat. § 161.655(1)(a) — 2 cases
Est. of Schwarz v. Philip Morris Inc., 135 P.3d 409 (Or. Ct. App. 2006).
“(citing ORS 161.655(1)(a), (3)). Hence, the criminal penalty that could be imposed against defendant for its conduct in causing Michelle's death is at least $50,000.”
— Or. Rev. Stat. § 161.655(3) — 2 cases
State v. Martin, 642 P.2d 1196 (Or. Ct. App. 1982).
“The order to pay restitution for the cost of towing defendant’s car from the scene of the crime was not authorized by statute.”
— Or. Rev. Stat. § 161.655(4) — 1 case
— Or. Rev. Stat. § 161.655(l)(a) — 6 cases
Est. of Schwarz v. Philip Morris Inc., 135 P.3d 409 (Or. Ct. App. 2006).
“(citing ORS 161.655(1)(a), (3)). Hence, the criminal penalty that could be imposed against defendant for its conduct in causing Michelle's death is at least $50,000.”
Williams v. Philip Morris Inc., 127 P.3d 1165 (Or. 2006).
“ORS 161.655(l)(a) and (3). Thus, the possibility of severe criminal sanctions, both for any individual who participated and for the corporation generally, put Philip Morris on notice that Oregon would take such conduct very seriously.”
Groth v. Hyundai Precision & Ind. Co., 149 P.3d 333 (Or. Ct. App. 2006).
“ORS 161.655(l)(a), (3). Thus, in Williams, the third Gore factor supported a significant punitive damages award because “the possibility of severe criminal sanctions, both for any individual who participated and for the corporation generally, put [the defendant corporation] on…”
Goddard v. Farmers Ins., 179 P.3d 645 (Or. 2008).
“625(1) (1987) (for all classes of felonies, fine not to exceed $100,000); ORS 161.655(l)(a) (1987) (for felony by corporation, fine not to exceed $50,000).”
— Or. Rev. Stat. § 161.655(l)(b) — 1 case
Goddard v. Farmers Ins., 179 P.3d 645 (Or. 2008).
“625(1) (1987) (for all classes of felonies, fine not to exceed $100,000); ORS 161.655(l)(a) (1987) (for felony by corporation, fine not to exceed $50,000).”
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