Iowa Code 915.80 – Definitions
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Terms Used In Iowa Code 915.80
- Child: includes child by adoption. See Iowa Code 4.1
- Dependent: A person dependent for support upon another.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
915.80 Definitions.
As used in this subchapter, unless the context otherwise requires:
1. “”Compensation”” means moneys awarded by the department as authorized in this subchapter.
2. “”Crime”” means conduct that occurs or is attempted in this state, poses a substantial threat of personal injury or death, and is punishable as a felony or misdemeanor, or would be so punishable but for the fact that the person engaging in the conduct lacked the capacity to commit the crime under the laws of this state. “”Crime”” does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, motorcycle, motorized bicycle, train, boat, or aircraft except for violations of § 321.261, 321.277, 321J.2, 462A.7, 462A.12,
462A.14, or 707.6A, or when the intention is to cause personal injury or death. A license revocation under § 321J.9 or 321J.12 shall be considered by the department as evidence of a violation of § 321J.2 for the purposes of this subchapter. A license suspension or revocation under § 462A.14, 462A.14B, or 462A.23 shall be considered by the department as evidence of a violation of § 462A.14 for the purposes of this subchapter.
3. “”Department”” means the department of justice.
4. “”Dependent”” means a person wholly or partially dependent upon a victim for care or support and includes a child of the victim born after the victim’s death.
5. “”Emergency relocation”” means a relocation that takes place within thirty days of the date of a crime or the discovery of a crime, or within thirty days after a crime could reasonably be reported. “”Emergency relocation”” also includes a relocation that takes place within the thirty days before or after an offender related to the crime is released from incarceration.
6. “”Housing assistance”” means living expenses associated with owning or renting housing, including essential utilities, intended to maintain or reestablish the living arrangement, health, and safety of a victim impacted by a crime.
7. “”Secondary victim”” means the victim’s spouse, children, parents, and siblings, and any person who resides in the victim’s household at the time of the crime or at the time of the discovery of the crime. “”Secondary victim”” does not include persons who are the survivors of a victim who dies as a result of a crime.
8. “”Survivor of a deceased victim”” means a survivor who, at the time of the crime, is a spouse, former spouse, child, foster child, parent, legal guardian, foster parent, stepparent, sibling, or foster sibling of a victim, or a person cohabiting with, or otherwise related by blood or affinity to, a victim, if the victim dies as a result of a crime, a good faith effort to prevent the commission of a crime, or a good faith effort to apprehend a person suspected of committing a crime.
9. “”Victim”” means a person who suffers personal injury or death as a result of any of the following:
a. A crime.
b. The good faith effort of a person attempting to prevent a crime.
c. The good faith effort of a person to apprehend a person suspected of committing a crime.
98 Acts, ch 1090, §41, 84; 2007 Acts, ch 27, §7; 2015 Acts, ch 135, §20, 42, 43; 2018 Acts, ch
1107, §1; 2020 Acts, ch 1062, §94; 2021 Acts, ch 107, §7
Referred to in §622.69
As used in this subchapter, unless the context otherwise requires:
1. “”Compensation”” means moneys awarded by the department as authorized in this subchapter.
2. “”Crime”” means conduct that occurs or is attempted in this state, poses a substantial threat of personal injury or death, and is punishable as a felony or misdemeanor, or would be so punishable but for the fact that the person engaging in the conduct lacked the capacity to commit the crime under the laws of this state. “”Crime”” does not include conduct arising out of the ownership, maintenance, or use of a motor vehicle, motorcycle, motorized bicycle, train, boat, or aircraft except for violations of § 321.261, 321.277, 321J.2, 462A.7, 462A.12,
462A.14, or 707.6A, or when the intention is to cause personal injury or death. A license revocation under § 321J.9 or 321J.12 shall be considered by the department as evidence of a violation of § 321J.2 for the purposes of this subchapter. A license suspension or revocation under § 462A.14, 462A.14B, or 462A.23 shall be considered by the department as evidence of a violation of § 462A.14 for the purposes of this subchapter.
3. “”Department”” means the department of justice.
4. “”Dependent”” means a person wholly or partially dependent upon a victim for care or support and includes a child of the victim born after the victim’s death.
5. “”Emergency relocation”” means a relocation that takes place within thirty days of the date of a crime or the discovery of a crime, or within thirty days after a crime could reasonably be reported. “”Emergency relocation”” also includes a relocation that takes place within the thirty days before or after an offender related to the crime is released from incarceration.
6. “”Housing assistance”” means living expenses associated with owning or renting housing, including essential utilities, intended to maintain or reestablish the living arrangement, health, and safety of a victim impacted by a crime.
7. “”Secondary victim”” means the victim’s spouse, children, parents, and siblings, and any person who resides in the victim’s household at the time of the crime or at the time of the discovery of the crime. “”Secondary victim”” does not include persons who are the survivors of a victim who dies as a result of a crime.
8. “”Survivor of a deceased victim”” means a survivor who, at the time of the crime, is a spouse, former spouse, child, foster child, parent, legal guardian, foster parent, stepparent, sibling, or foster sibling of a victim, or a person cohabiting with, or otherwise related by blood or affinity to, a victim, if the victim dies as a result of a crime, a good faith effort to prevent the commission of a crime, or a good faith effort to apprehend a person suspected of committing a crime.
9. “”Victim”” means a person who suffers personal injury or death as a result of any of the following:
a. A crime.
b. The good faith effort of a person attempting to prevent a crime.
c. The good faith effort of a person to apprehend a person suspected of committing a crime.
98 Acts, ch 1090, §41, 84; 2007 Acts, ch 27, §7; 2015 Acts, ch 135, §20, 42, 43; 2018 Acts, ch
1107, §1; 2020 Acts, ch 1062, §94; 2021 Acts, ch 107, §7
Referred to in §622.69