1. (1) Pursuant to Subsections 63M-7-502(23) and 63M-7-512(1)(b), the office shall consider misconduct to be:

   1. (a) conduct which contributed to the victim's injury or death; or
   2. (b) conduct which the victim could have reasonably foreseen could lead to injury or death.

2. (2) In determining whether the victim engaged in misconduct, the reparations officers shall consider any behavior of the victim that may have directly or indirectly contributed to the victim's injury or death including:

   1. (a) consent;
   2. (b) provocation;
   3. (c) verbal utterance;
   4. (d) gesture;
   5. (e) incitement;
   6. (f) prior conduct of the victim; or
   7. (g) the victim's ability to have reasonably avoided the incident upon which the reparations claim is based.

3. (3) When determining whether the victim engaged in misconduct, reparations officers shall not consider:

   1. (a) any behavior or action of any victim that is committed by the victim while under the duress or experience of threat, exploitation, coercion or any circumstance absent the victim's own willful desire to participate; or
   2. (b) any behavior or action committed or perceived to have been committed by the victim of any sex crime.

KEY: victim compensation, victims of crimes

Date of Last Change: December 8, 2023

Notice of Continuation: March 6, 2026

Authorizing, and Implemented or Interpreted Law: Title 63M, Chapter 7, Part 5