63M-7-502 - Definitions.
63M-7-502. Definitions.
As used in this chapter:
(1) "Accomplice" means a person who has engaged in criminal conduct as defined inSection 76-2-202.
(2) "Board" means the Crime Victim Reparations Board created under Section63M-7-504.
(3) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
(4) "Claim" means:
(a) the victim's application or request for a reparations award; and
(b) the formal action taken by a victim to apply for reparations pursuant to Sections63M-7-501 through 63M-7-525.
(5) "Claimant" means any of the following claiming reparations under this chapter:
(a) a victim;
(b) a dependent of a deceased victim;
(c) a representative other than a collateral source; or
(d) the person or representative who files a claim on behalf of a victim.
(6) "Child" means an unemancipated person who is under 18 years of age.
(7) "Collateral source" means the definition as provided in Section 63M-7-513.
(8) "Contested case" means a case which the claimant contests, claiming the award waseither inadequate or denied, or which a county attorney, a district attorney, a law enforcementofficer, or other individual related to the criminal investigation proffers reasonable evidence ofthe claimant's lack of cooperation in the prosecution of a case after an award has already beengiven.
(9) (a) "Criminally injurious conduct" other than acts of war declared or not declaredmeans conduct that:
(i) is or would be subject to prosecution in this state under Section 76-1-201;
(ii) occurs or is attempted;
(iii) causes, or poses a substantial threat of causing, bodily injury or death;
(iv) is punishable by fine, imprisonment, or death if the person engaging in the conductpossessed the capacity to commit the conduct; and
(v) does not arise out of the ownership, maintenance, or use of a motor vehicle, aircraft,or water craft, unless the conduct is intended to cause bodily injury or death, or is conduct whichis or would be punishable under Title 76, Chapter 5, Offenses Against the Person, or as anyoffense chargeable as driving under the influence of alcohol or drugs.
(b) "Criminally injurious conduct" includes an act of terrorism, as defined in 18 U.S.C.Sec. 2331 committed outside of the United States against a resident of this state. "Terrorism"does not include an "act of war" as defined in 18 U.S.C. Sec. 2331.
(10) "Dependent" means a natural person to whom the victim is wholly or partiallylegally responsible for care or support and includes a child of the victim born after the victim'sdeath.
(11) "Dependent's economic loss" means loss after the victim's death of contributions ofthings of economic value to the victim's dependent, not including services the dependent wouldhave received from the victim if the victim had not suffered the fatal injury, less expenses of thedependent avoided by reason of victim's death.
(12) "Dependent's replacement services loss" means loss reasonably and necessarily
incurred by the dependent after the victim's death in obtaining services in lieu of those thedecedent would have performed for the victim's benefit if the victim had not suffered the fatalinjury, less expenses of the dependent avoided by reason of the victim's death and not subtractedin calculating the dependent's economic loss.
(13) "Director" means the director of the Office of Crime Victim Reparations.
(14) "Disposition" means the sentencing or determination of penalty or punishment to beimposed upon a person:
(a) convicted of a crime;
(b) found delinquent; or
(c) against whom a finding of sufficient facts for conviction or finding of delinquency ismade.
(15) "Economic loss" means economic detriment consisting only of allowable expense,work loss, replacement services loss, and if injury causes death, dependent's economic loss anddependent's replacement service loss. Noneconomic detriment is not loss, but economicdetriment is loss although caused by pain and suffering or physical impairment.
(16) "Elderly victim" means a person 60 years of age or older who is a victim.
(17) "Fraudulent claim" means a filed claim based on material misrepresentation of factand intended to deceive the reparations staff for the purpose of obtaining reparation funds forwhich the claimant is not eligible as provided in Section 63M-7-510.
(18) "Fund" means the Crime Victim Reparations Fund created in Section 51-9-404.
(19) "Law enforcement officer" means a law enforcement officer as defined in Section53-13-103.
(20) "Medical examination" means a physical examination necessary to documentcriminally injurious conduct but does not include mental health evaluations for the prosecutionand investigation of a crime.
(21) "Mental health counseling" means outpatient and inpatient counseling necessitatedas a result of criminally injurious conduct. The definition of mental health counseling is subjectto rules promulgated by the board pursuant to Title 63G, Chapter 3, Utah AdministrativeRulemaking Act.
(22) "Misconduct" as provided in Subsection 63M-7-512(1)(b) means conduct by thevictim which was attributable to the injury or death of the victim as provided by rulespromulgated by the board pursuant to Title 63G, Chapter 3, Utah Administrative RulemakingAct.
(23) "Noneconomic detriment" means pain, suffering, inconvenience, physicalimpairment, and other nonpecuniary damage, except as provided in this chapter.
(24) "Pecuniary loss" does not include loss attributable to pain and suffering except asotherwise provided in this chapter.
(25) "Offender" means a person who has violated the criminal code through criminallyinjurious conduct regardless of whether the person is arrested, prosecuted, or convicted.
(26) "Offense" means a violation of the criminal code.
(27) "Office of Crime Victim Reparations" or "office" means the office of the reparationsstaff for the purpose of carrying out the provisions of this chapter.
(28) "Perpetrator" means the person who actually participated in the criminally injuriousconduct.
(29) "Reparations officer" means a person employed by the office to investigate claims of
victims and award reparations under this chapter, and includes the director when the director isacting as a reparations officer.
(30) "Reparations staff" means the director, the reparations officers, and any other staffemployed to administer the Crime Victim Reparations Act.
(31) "Replacement service loss" means expenses reasonably and necessarily incurred inobtaining ordinary and necessary services in lieu of those the injured person would haveperformed, not for income but the benefit of the injured person or the injured person's dependentsif the injured person had not been injured.
(32) "Representative" means the victim, immediate family member, legal guardian,attorney, conservator, executor, or an heir of a person but does not include service providers.
(33) "Restitution" means money or services an appropriate authority orders an offenderto pay or render to a victim of the offender's conduct.
(34) "Secondary victim" means a person who is traumatically affected by the criminallyinjurious conduct subject to rules promulgated by the board pursuant to Title 63G, Chapter 3,Utah Administrative Rulemaking Act.
(35) "Service provider" means a person or agency who provides a service to crimevictims for a monetary fee except attorneys as provided in Section 63M-7-524.
(36) (a) "Victim" means a person who suffers bodily or psychological injury or death as adirect result of criminally injurious conduct or of the production of pornography in violation ofSections 76-5a-1 through 76-5a-4 if the person is a minor.
(b) "Victim" does not include a person who participated in or observed the judicialproceedings against an offender unless otherwise provided by statute or rule.
(c) "Victim" includes a resident of this state who is injured or killed by an act ofterrorism, as defined in 18 U.S.C. 2331, committed outside of the United States.
(37) "Work loss" means loss of income from work the injured victim would haveperformed if the injured victim had not been injured and expenses reasonably incurred by theinjured victim in obtaining services in lieu of those the injured victim would have performed forincome, reduced by any income from substitute work the injured victim was capable ofperforming but unreasonably failed to undertake.
Amended by Chapter 254, 2010 General Session