(1) Any judgment that is no longer subject to appeal and that was rendered in favor of the state or of the United States in a criminal proceeding based on conduct that gives rise to an action under ORS 180.760, whether based on a verdict after trial or upon a plea of guilty or nolo contendere, estops a defendant in an action under ORS 180.760 from denying the elements of the offense for which the defendant was convicted.
(2) A criminal or administrative action need not be brought against a person as a condition to bringing an action against the person under ORS 180.760.