State v. Reyes

"A person is not a victim within the meaning of [ORS 137.103(4)(a)] unless the person (1) is the one against whom defendant committed the crime and (2) incurred economic damages as a result." State v. White, 299 Or App 165, 168-169 (2019).

Defendant appealed a judgment of conviction and a supplemental judgment imposing a $100 compensatory fine and restitution payable to the child-victims’ insurance company for cost paid to CARES Northwest which conducted child abuse evaluations of the victims. The trial court ordered the defendant to pay $6,700 in restitution to the victims’ insurance company for costs paid to CARES for the evaluations. After the trial court's decision and before the appeal, the Oregon Supreme Court determined that “[A] person is not a victim within the meaning of [ORS 137.103(4)(a)] unless the person (1) is the one against whom defendant committed the crime and (2) incurred economic damages as a result." State v. White, 299 Or App 165, 168-169 (2019). The Court found that, because the unemancipated child is not a “victim” within the meaning of the statute, a child’s insurance company has not expended money on behalf of a qualifying victim for purposes of the statute. Relying on the authority in State v. White, the Court found the trial court committed legal error when awarding restitution to the child-victims’ insurance company. Supplemental judgment reversed and remanded for resentencing.