Sec. 13. (a) Subject to subsection (b) and except as provided in subsection (c), benefits may not be awarded:

(1) if the victim sustained the injury as a result of participating or assisting in, or attempting to commit or committing a criminal act;

Terms Used In Indiana Code 5-2-6.1-13

  • claimant: means any of the following individuals filing an application for assistance under this chapter:

    Indiana Code 5-2-6.1-1

  • Dependent: A person dependent for support upon another.
  • intoxicated: has the meaning set forth in IC 9-13-2-86. See Indiana Code 5-2-6.1-5
  • person: includes a sole proprietorship, a partnership, a corporation, an association, a fiduciary, and an individual. See Indiana Code 5-2-6.1-6
  • victim: means an individual who suffers bodily injury or death as a result of a violent crime. See Indiana Code 5-2-6.1-7
  • violent crime: means the following:

    Indiana Code 5-2-6.1-8

(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) if the victim profited or would have profited from the criminal act;

(4) if, at the time the injury occurred, the victim was intoxicated and contributed to the commission of an unrelated felony; or

(5) to a claimant who contributed to the injury or death of the victim.

     (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.

     (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), or a crime of domestic violence (as defined in IC 35-31.5-2-78).

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.

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