77-38a-403 - Civil action by victim for damages.
77-38a-403. Civil action by victim for damages.
(1) Provisions in this part concerning restitution do not limit or impair the right of aperson injured by a defendant's criminal activities to sue and recover damages from the defendantin a civil action. Evidence that the defendant has paid or been ordered to pay restitution underthis part may not be introduced in any civil action arising out of the facts or events which were thebasis for the restitution. However, the court shall credit any restitution paid by the defendant to avictim against any judgment in favor of the victim in the civil action.
(2) If conviction in a criminal trial necessarily decides the issue of a defendant's liabilityfor pecuniary damages of a victim, that issue is conclusively determined as to the defendant if it isinvolved in a subsequent civil action.
Enacted by Chapter 137, 2001 General Session