46-18-243. Definitions. For purposes of 46-18-241 through 46-18-249, the following definitions apply:
     (1) "Pecuniary loss" means:
     (a) all special damages, but not general damages, substantiated by evidence in the record, that a person could recover against the offender in a civil action arising out of the facts or events constituting the offender's criminal activities, including without limitation the money equivalent of loss resulting from property taken, destroyed, broken, or otherwise harmed and out-of-pocket losses, such as medical expenses, loss of income, expenses reasonably incurred in obtaining ordinary and necessary services that the victim would have performed if not injured, expenses reasonably incurred in attending court proceedings related to the commission of the offense, and reasonable expenses related to funeral and burial or crematory services; and
     (b) reasonable out-of-pocket expenses incurred by the victim in filing charges or in cooperating in the investigation and prosecution of the offense.
     (2) (a) "Victim" means:
     (i) a person who suffers loss of property, bodily injury, or death as a result of:
     (A) the commission of an offense;
     (B) the good faith effort to prevent the commission of an offense; or
     (C) the good faith effort to apprehend a person reasonably suspected of committing an offense;
     (ii) the estate of a deceased or incapacitated victim or a member of the immediate family of a homicide victim;
     (iii) a governmental entity that suffers loss of property as a result of the commission of an offense in this state or that incurs costs or losses during the commission or investigation of an escape, as defined in 45-7-306, or during the apprehension or attempted apprehension of the escapee; or
     (iv) an insurer or surety with a right of subrogation to the extent it has reimbursed the victim of the offense for pecuniary loss.
     (b) Victim does not include a person who is accountable for the crime or accountable for a crime arising from the same transaction.

     History: En. Sec. 3, Ch. 426, L. 1983; amd. Sec. 15, Ch. 125, L. 1995; amd. Sec. 2, Ch. 26, L. 1997.