1. (a) Subject to subsection (b) and except as provided in subsection (c), benefits may not be awarded:

   1. (1) if the victim sustained the injury as a result of participating or assisting in, or attempting to commit or committing a criminal act;
   2. (2) if the injury occurred while the victim was a resident in a county, city, or federal jail or prison or in an institution operated by the department of correction;
   3. (3) if the victim profited or would have profited from the criminal act;
   4. (4) if, at the time the injury occurred, the victim was intoxicated and contributed to the commission of an unrelated felony; or
   5. (5) to a claimant who contributed to the injury or death of the victim.
2. (b) If the victim is a dependent child or dependent parent of the person who commits a violent crime, compensation may be awarded where justice requires.
3. (c) Benefits may be awarded to a person described in subsection (a)(4) who is the victim of a sex crime under IC 35-42-4 , a crime involving domestic or family violence (as defined in IC 35-31.5-2-76 ), a crime of domestic violence (as defined in IC 35-31.5-2-78 ), or incest (as defined in IC 35-46-1-3 ).

As added by P.L.47-1993, SEC.2. Amended by P.L.121-2006, SEC.5; P.L.114-2012, SEC.11; P.L.98-2022, SEC.3; P.L.20-2024, SEC.10.