(1) A victim is eligible for a reparations award under this part if:

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Terms Used In Utah Code 63M-7-509

  • Advocacy services provider: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
  • Board: means the Crime Victim Reparations and Assistance Board created under Section 63M-7-504. See Utah Code 63M-7-502
  • Claimant: means any of the following claiming reparations under this part:
         (5)(a) a victim;
         (5)(b) a dependent of a deceased victim; or
         (5)(c) an individual or representative who files a reparations claim on behalf of a victim. See Utah Code 63M-7-502
  • Criminal justice system victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
  • Criminally injurious conduct: includes a felony violation of Section 76-7-101 and other conduct leading to the psychological injury of an individual resulting from living in a setting that involves a bigamous relationship. See Utah Code 63M-7-502
  • Interpersonal violence: includes any attempt, conspiracy, or solicitation of an act described in Subsection (20)(a). See Utah Code 63M-7-502
  • Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 63M-7-502
  • Nongovernment organization victim advocate: means the same as that term is defined in Section 77-38-403. See Utah Code 63M-7-502
  • Offense: means a violation of Title 76, Utah Criminal Code. See Utah Code 63M-7-502
  • Office: means the director, the reparations and assistance officers, and any other staff employed for the purpose of carrying out the provisions of this part. See Utah Code 63M-7-502
  • Perpetrator: means the individual who actually participated in the criminally injurious conduct. See Utah Code 63M-7-502
  • Reparations award: means money or other benefits provided to a claimant or to another on behalf of a claimant after the day on which a reparations claim is approved by the office. See Utah Code 63M-7-502
  • Reparations claim: means a claimant's request or application made to the office for a reparations award. See Utah Code 63M-7-502
  • Representative: means the victim, immediate family member, legal guardian, attorney, conservator, executor, or an heir of an individual. See Utah Code 63M-7-502
  • Sexual assault: means any criminal conduct described in Title 76,

    Chapter 5, Part 4, Sexual Offenses. See Utah Code 63M-7-502

  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Strangulation: means any act involving the use of unlawful force or violence that:
         (48)(a) impedes breathing or the circulation of blood; and
         (48)(b) is likely to produce a loss of consciousness by:
              (48)(b)(i) applying pressure to the neck or throat of an individual; or
              (48)(b)(ii) obstructing the nose, mouth, or airway of an individual. See Utah Code 63M-7-502
  • Victim: means an individual who suffers bodily or psychological injury or death as a direct result of:
              (50)(a)(i) criminally injurious conduct; or
              (50)(a)(ii) the production of pornography in violation of Section 76-5b-201 or Utah Code 63M-7-502
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) the claimant is:

          (1)(a)(i) a victim of criminally injurious conduct;
          (1)(a)(ii) a dependent of a deceased victim of criminally injurious conduct; or
          (1)(a)(iii) a representative acting on behalf of one of the above;
     (1)(b)

          (1)(b)(i) the criminally injurious conduct occurred in Utah; or
          (1)(b)(ii) the victim is a Utah resident who suffers injury or death as a result of criminally injurious conduct inflicted in a state, territory, or country that does not provide a crime victims’ compensation program;
     (1)(c) the application is made in writing in a form that conforms substantially to that prescribed by the board;
     (1)(d) the criminally injurious conduct is reported to a law enforcement officer, in the law enforcement officer’s capacity as a law enforcement officer, or another federal or state investigative agency;
     (1)(e) the claimant or victim cooperates with the appropriate law enforcement agencies and prosecuting attorneys in efforts to apprehend or convict the perpetrator of the alleged offense; and
     (1)(f) the criminally injurious conduct occurred after December 31, 1986.
(2) A reparations award may be made to a victim regardless of whether any individual is arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to a reparations claim.
(3)

     (3)(a) Notwithstanding the requirements of Subsections (1)(d) and (e), a victim of sexual assault is not required to report the sexual assault to a law enforcement officer or another federal or state investigative agency or cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a reparations award under this section if:

          (3)(a)(i) the victim seeks assistance from an advocacy services provider, a criminal justice system victim advocate, or a nongovernment organization victim advocate; and
          (3)(a)(ii) the advocacy services provider, the criminal justice system victim advocate, or the nongovernment organization victim advocate completes a questionnaire, provided by the office, regarding the sexual assault.
     (3)(b) Notwithstanding the requirement of Subsection (1)(e), a victim who has suffered strangulation in the course of interpersonal violence is not required to cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a reparations award under this section if the victim:

          (3)(b)(i) reports the strangulation to a law enforcement officer or another federal or state investigative agency after the strangulation occurs; or
          (3)(b)(ii) seeks medical care for the strangulation immediately after the strangulation occurs.
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