ORS 124.005
Definitions for ORS 124.005 to 124.040

Text
Annotations 2

As used in ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title):

(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 (Incapacity to consent). As used in this paragraph, “sexual contact” has the meaning given that term in ORS 163.305 (Definitions).

(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 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title) 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 (Definitions for ORS 410.040 to 410.300, 410.320 and 410.619) (7); or

(b)

ORS 410.715 (Person suffering brain injury to be considered person with disability).

(10)

“Petitioner” means an elderly person or a person with a disability who files a petition under ORS 124.005 (Definitions for ORS 124.005 to 124.040) to 124.040 (Short title).

(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]

Source: Section 124.005 — Definitions for ORS 124.005 to 124.040, https://www.oregonlegislature.gov/bills_laws/ors/ors124.html.

Notes of Decisions

For purpose of determining if person is “person with a disability,” it is appropriate to look at other statutes with same phrase and to conclude that person must demonstrate physical or mental impairment that restricts one or more major life activities, when compared with most people in general population. Ferguson v. Burdette, 310 Or App 49, 484 P3d 362 (2021)

Elderly Persons and Persons with Disabilities Abuse Prevention Act, despite defining 12 specified types of speech as prohibited abuse, is narrowly focused on harm, not overbroad and will only rarely implicate protected speech. Sacks v. Hanington, 319 Or App 805, 512 P3d 817 (2022), Sup Ct review allowed

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 124.005 Definitions for ORS 124.005 to 124.040

(1)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(a)

(b)

(10)

(11)

(a)

(b)

(c)

(12)

Notes of Decisions

ORS 124.005
Definitions for ORS 124.005 to 124.040