Oregon v. TothAnnotate this Case
Defendant Steven Toth was the manager of a strip club in the Beaverton area. Victor Moreno-Hernandez brought S, a thirteen-year-old girl, to defendant’s strip club, where defendant and Moreno-Hernandez agreed that S would work at the club. While working at the strip club, S engaged in prostitution and the two men split the proceeds. In addition, defendant had sex with S. Ultimately, S was brought into the legal custody of the Department of Human Services (DHS). Defendant pleaded guilty to three counts relating to S: second-degree sodomy, first-degree sexual abuse, and compelling prostitution. He also pleaded guilty to a separate promoting prostitution charge that did not involve S. At sentencing, the trial court indicated that it was interested in imposing a compensatory fine and inquired into whether that was an available option in this case. The prosecutor stated that S's psychological counseling while in DHS custody resulted in economic damages; the trial court sentenced defendant to pay $150,000 as a compensatory fine for S's care. He appealed the imposition of the fine. The Court of Appeals reasoned that because “‘[t]he record contains no evidence that [the victim] ever incurred any objectively verifiable economic obligation for the treatment and, therefore, ever suffered any economic damages as a result of defendant’s crimes’” a remand was unnecessary. The Oregon Supreme Court concurred the trial court erred in imposing the compensatory fine, but concluded the matter was appropriate for remand to the trial court: "[w]e do not decide here whether a compensatory fine directed to DHS would be appropriate on this record, but it is an option for the trial court to consider on remand."