(1) A victim is eligible for a compensation award under this chapter if:
(a) the claimant is:
- (i) a victim of criminally injurious conduct;
- (ii) a dependent of a deceased victim of criminally injurious conduct; or
- (iii) a representative acting on behalf of one of the above;
(b)
- (i) the criminally injurious conduct occurred in Utah; or
- (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;
- (c) the application is made in writing in a form that conforms substantially to that prescribed by the office;
- (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;
- (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
- (f) the criminally injurious conduct occurred after December 31, 1986.
- (2) A compensation 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 compensation claim.
(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 compensation award under this section if:
- (i) the victim seeks assistance from an advocacy services provider, a criminal justice system victim advocate, or a nongovernment organization victim advocate; and
- (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.
(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 compensation award under this section if the victim:
- (i) reports the strangulation to a law enforcement officer or another federal or state investigative agency after the strangulation occurs; or
- (ii) seeks medical care for the strangulation immediately after the strangulation occurs.
Renumbered and Amended by Chapter 291, 2026 General Session