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Current as of January 01, 2024 | Updated by Findlaw Staff
For the purposes of this chapter, the term:
(1) “Board” means the Crime Victims Compensation Appeals Board.
(2) “Claimant” means a person who makes a claim for compensation under this chapter and who is a:
(A) Victim; or
(B) Secondary victim.
(C) Repealed.
(3) “Collateral source”:
(A) Means a source of benefits or compensation available to a claimant for economic loss resulting from a crime; and
(B) Includes payments or benefits from:
(i) The offender;
(ii) The United States, District of Columbia, a state or territory of the United States or its political subdivisions, or an agency of the foregoing, including Social Security, Medicare, Medicaid, workers' compensation, public employees' disability compensation, the Department of Human Services, the Department of Health, the Child and Family Services Agency, or Court Social Services;
(iii) A wage continuation program of an employer;
(iv) A contract of life, health, disability, liability, or fire and casualty insurance, or a contract providing prepaid hospital or health care benefits;
(v) Proceeds of a lawsuit brought as a result of the crime; or
(vi) Life insurance proceeds of more than $50,000.
(4) “Commission” means the Crime Victims Compensation Advisory Commission.
(5) “Court” means the Superior Court of the District of Columbia.
(6) “Crime” means the following offenses, or the attempt to commit the following offenses, whether prosecuted under the District of Columbia Official Code or substantially similar offense defined in the United States Code, and whether committed in the District against any person or outside of the United States against a resident of the District:
(A) An act of terrorism, as described in § 22-3153;
(B) Arson, as described in § 22-301;
(C) Assault with intent to kill, rob, or poison, or to commit first degree sexual abuse, second degree sexual abuse or child sexual abuse, as described in § 22-401;
(D) Assault with intent to commit mayhem or with a dangerous weapon, as described in § 22-402;
(E) Assault with intent to commit any offense, as described in § 22-403;
(F) Assault or threatened assault in a menacing manner; stalking, as described in § 22-404;
(G) Aggravated assault, as described in § 22-404.01;
(H) Assault on member of police force, campus or university special police, or fire department, as described in § 22-405;
(I) Burglary, as described in § 22-801;
(J) Carjacking, as described in § 22-2803(a)(1); or
(K) Armed carjacking, as described in § 22-2803(b)(1);
(L) Criminal abuse of a vulnerable adult or elderly person, as described in § 22-933;
(M) Financial exploitation of a vulnerable adult or elderly person, as described in § 22-933.01;
(N) Criminal negligence, as described in § 22-934;
(O) Cruelty to animals, as described in § 22-1001, when committed against the victim's animal;
(P) Cruelty to children, as described in § 22-1101;
(Q) The following offenses that resulted in death or bodily injury to a person, notwithstanding that the offender lacked the capacity to commit the offense by reason of infancy, insanity, intoxication, or otherwise:
(i) Speeding and reckless driving, as described in § 50-2201.04;
(ii) Fleeing from a law enforcement officer in a motor vehicle, as described in § 50-2201.05b;
(iii) Leaving after colliding, as described in § 50-2201.05c;
(iv) Object falling or flying from vehicle, as described in § 50-2201.05d;
(v) Driving under the influence (DUI) of alcohol or a drug, as described in § 50-2206.11;
(vi) Driving under the influence of alcohol or a drug; commercial vehicle, as described in § 50-2206.12;
(vii) Operating a vehicle while impaired, as described in § 50-2206.14;
(viii) Operating under the influence of alcohol or a drug (horse-drawn vehicle), as described in § 50-2206.16;
(ix) Operating under the influence of alcohol or a drug (watercraft), as described in § 50-2206.31; and
(x) Operating a watercraft while impaired, as described in § 50-2206.33;
(R) Manufacture, transfer, use, possession, or transportation of Molotov cocktails, or other explosives for unlawful purposes, as described in § 22-4515a;
(S) Forced labor, as described in § 22-1832;
(T) Trafficking in labor or commercial sex acts, as described in Code § 22-1833;
(U) Sex trafficking of children, as described in § 22-1834;
(V) Unlawful conduct with respect to documents in furtherance of human trafficking, as described in § 22-1835;
(W) Benefitting financially from human trafficking, as described in § 22-1836;
(X) Kidnapping, as described in § 22-2001;
(Y) Malicious burning, destruction, or injury of another's property, as described in § 22-303, that:
(i) Resulted from the discharge of a firearm into the victim's residence or vehicle; or
(ii) Was committed by an intimate partner;
(Z) Mayhem or maliciously disfiguring, as described in § 22-406;
(AA) Manslaughter, as described in § 22-2105;
(BB) Murder in the first degree (purposeful killing; killing while perpetrating certain crimes), as described in § 22-2101;
(CC) Murder in the first degree (placing obstructions upon or displacement of railroads), as described in § 22-2102;
(DD) Murder in the second degree, as described in § 22-2103;
(EE) Murder of law enforcement officer, as described in § 22-2106;
(FF) Negligent homicide, as described in § 22-2203.01;
(GG) Where a person was compelled to engage in prostitution:
(i) Engaging in prostitution or soliciting for prostitution, as described in § 22-2701;
(ii) Abducting or enticing child from the child's home for purposes of prostitution; harboring such child, as described in § 22-2704;
(iii) Pandering; inducing or compelling an individual to engage in prostitution, as described in § 22-2705;
(iv) Compelling an individual to live life of prostitution against the individual's will, as described in § 22-2706;
(v) Procuring; receiving money or other valuable thing for arranging assignation, as described in § 22-2707;
(vi) Causing spouse or domestic partner to live in prostitution, as described in § 22-2708;
(vii) Detaining an individual in disorderly house for debt there contracted, as described in § 22-2709;
(viii) Procuring for house of prostitution, as described in § 22-2710;
(ix) Procuring for third persons, as described in § 22-2711; and
(x) Operating house of prostitution, as described in § 22-2712;
(HH) Rioting or inciting to riot, as described in § 22-1322;
(II) Robbery, as described in § 22-2801;
(JJ) Attempt to commit robbery, as described in § 22-2802;
(KK) First degree sexual abuse, as described in § 22-3002;
(LL) Second degree sexual abuse, as described in § 22-3003;
(MM) Third degree sexual abuse, as described in § 22-3004;
(NN) Fourth degree sexual abuse, as described in § 22-3005;
(OO) Misdemeanor sexual abuse, as described in § 22-3006;
(PP) First degree child sexual abuse, as described in § 22-3008);
(QQ) Second degree child sexual abuse, as described in § 22-3009;
(RR) First degree sexual abuse of a minor, as described in § 22-3009.01;
(SS) Second degree sexual abuse of a minor, as described in § 22-3009.02;
(TT) First degree sexual abuse of a secondary education student, as described in § 22-3009.03;
(UU) Second degree sexual abuse of a secondary education student, as described in § 22-3009.04;
(VV) Enticing a child or minor, as described in § 22-3010;
(WW) Misdemeanor sexual abuse of a child or minor, as described in § 22-3010.01;
(XX) Arranging for a sexual contact with a real or fictitious child, as described in § 22-3010.02;
(YY) First degree sexual abuse of a ward, patient, client, arrestee, detainee, or prisoner, as described in § 22-3013;
(ZZ) Second degree sexual abuse of a ward, patient, client, arrestee, detainee, or prisoner, as described in section § 22-3014;
(AAA) First degree sexual abuse of a patient or client, as described in § 22-3015;
(BBB) Second degree sexual abuse of a patient or client, as described in § 22-3016;
(CCC) Sexual performances using minors, as described in § 22-3102;
(DDD) Stalking, as described in § 22-3133;
(EEE) Threats to do bodily harm, as described in § 22-407;
(FFF) Voyeurism, as described in § 22-3531; and
(GGG) Use, dissemination, or detonation of a weapon of mass destruction, as described in § 22-3155.
(7)(A) “Economic loss” means:
(i) Reasonable medical expenses incurred, whether provided in the District or elsewhere;
(ii) Reasonable funeral and burial expenses, including the reasonable cost of embalming, burial containers, cremation, and the chosen method of interment; provided, that a claimant's economic loss under this sub-subparagraph shall not exceed $10,000;
(iii) The reasonable cost of temporary emergency food and housing not exceeding 120 days;
(iv) Loss of income or support incurred as a direct or indirect result of an injury or death;
(v) Loss of a victim's services by a secondary victim, including housekeeping and child care services;
(vi) In the case of secondary victims, reasonable psychiatric, psychological, or mental health counseling expenses incurred as a direct result of the crime;
(vii) Reasonable expenses incurred by the victim for physical or occupational therapy and rehabilitation;
(viii) The reasonable cost of cleaning the crime scene;
(ix) Unless the victim is deceased, the replacement value of the victim's clothing that is held for evidentiary purposes;
(x) The reasonable cost of replacing doors, windows, locks or other items to secure the victim's home or other place of residence;
(xi) The reasonable cost of alternate transportation, including a rental car or rideshare, for the period of time that an automobile is being held by the police as evidence or to collect evidence;
(xii) Reasonable moving expenses where necessary for health or safety; and
(xiii) Reasonable transportation expenses incurred by the victim or secondary victim to participate in court proceedings, to participate in the investigation or prosecution of the case, or to obtain the services described in sub-subparagraphs (i), (vi), or (vii) of this subparagraph, or paragraph (9) of this subsection, or to obtain any other services required as a direct result of the crime.
(B) “Economic loss” does not mean:
(i) Pain and suffering;
(ii) The value of any property damaged or taken during the crime; or
(iii) Any services not described in subparagraph (A) of this paragraph.
(8) “Fund” means the Crime Victims Compensation Fund.
(8A) “Intimate partner” means a person:
(A) To whom the offender is or was married;
(B) With whom the offender is or was in a domestic partnership;
(C) With whom the offender has a child in common; or
(D) With whom the offender is, or was, or is seeking to be in a romantic, dating, or sexual relationship.
(9) “Medical expenses” include:
(A) Ambulance, hospital, surgical, medical, nursing, dental, optometric, ophthalmologic, chiropractic, podiatric, in-patient mental health, and pregnancy-related care;
(B) Medical, dental, hearing, and surgical supplies;
(C) Crutches and prosthetic devices taken, lost, or destroyed during the commission of the crime, as well as new prosthetic devices which became necessary as a direct result of the crime and training in their use;
(D) Out-patient mental health counseling expenses which became necessary as a direct result of the crime and which are provided by a:
(i) Licensed psychiatrist or psychologist;
(ii) Licensed social worker;
(iii) Licensed marriage, family, or child counselor practicing within the scope of licensure; or
(iv) Individual licensed by the Board of Professional Counseling as a:
(I) Professional counselor, as described in § 3-1207.10(a);
(II) Professional counselor, as described in § 3-1207.10(c); or
(III) Graduate professional counselor, as described in § 3-1207.10(b); and
(E) Veterinary expenses in claims where the victim's animal was a victim of cruelty to animals, as described [in] § 22-1001.
(9A) “Minor” means a person under 18 years of age.
(10) “Personal injury” means physical injury, emotional trauma, or both.
(11) “Program” means the Crime Victims Compensation Program.
(12) “Provider of services” means a person or entity providing services pursuant to paragraphs (7) and (9) of this subsection.
(13) “Secondary victim” means a:
(A) Victim's spouse, children, including biological, step, foster, and adopted, grandchildren, parents, stepparents, siblings, half siblings, or spouse's parents;
(B) Person who resides in the victim's household at the time of the crime or at the time of the discovery of the crime;
(C) Person who is a survivor of a victim and who was wholly or partially dependent upon the victim for care and support at the time of the commission of the crime upon which the claim is based, including a child of the victim born after the victim's death;
(D) Person who legally assumes the obligation, or who voluntarily pays the medical expenses, or in the event of death caused by the crime, funeral and burial expenses, incurred as a direct result thereof;
(E) Person with close ties to the victim; or
(F) Person who witnessed the crime.
(14) “Victim” means a person who suffers personal injury or death in the District, a person who is a resident of the District and suffers personal injury or death as a result of a terrorist act or act of mass violence committed outside of the United States, or a person who is a resident of the District and who suffers personal injury or death outside the District in a state that does not have a crime victims compensation program that is eligible for funding under the Victims of Crime Act of 1984 (98 Stat. 2170; 42 U.S.C. § 10601 et seq.), as a direct result of:
(A) A crime;
(B) Assisting lawfully to apprehend a person reasonably suspected of committing or attempting to commit a crime;
(C) Assisting a person against whom a crime has been committed or attempted, if the assistance was rendered in a reasonable manner; or
(D) Attempting to prevent the commission of a crime.
(E) Repealed.
(15) “Victims assistance grants agency” means the District of Columbia agency that is responsible for the administration of federal funds received for crime victims assistance under the Victims of Crime Act of 1984, approved October 12, 1984 (98 Stat. 2170; 42 U.S.C. § 10601 et seq.).
Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 4-501. Definitions. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-4-501/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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