Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 14.00 - Compensation Of Victims Of Violent Crimes
Section 14.03 - Definitions

Catastrophic Injury: an injury that creates a permanent impairment for the victim, including:

(a) spinal cord injury involving paralysis;

(b) amputation of an arm, hand, foot or leg;

(c) severe brain injury;

(d) second or third degree burns on 25% or more of the total body surface or third degree burns on 5% or more of the face and hands;

(e) total or functional loss of vision or hearing;

(f) severe communication, sensory or motor disturbances; or

(g) any other injury that would otherwise qualify pursuant to M.G.L. c.258C as determined by the Program Director.

Claim: an application for compensation under M.G.L. c. 258C.

Claimant: a person who files a claim for compensation under M.G.L. c. 258C. A claim may be filed by any person eligible for compensation as defined in 940 CMR 14.04, or by a parent or legal guardian of any such person. Where two or more persons are eligible for compensation for the same crime, their claims shall be joined under one master claim for compensation.

Crime: an act committed by a person which, if committed by a mentally competent, criminally responsible adult who has no legal exemption or defense, would constitute a crime; provided, however, that such act involves the application of force, intimidation or violence or the threat of force, intimidation or violence by the offender upon the victim. The word "crime" shall include any violation of any provision of M.G.L. c. 90, §§ 24 through 24O, or any conduct that would constitute a violation of M.G.L. c. 209A or M.G.L. c. 258E. The word "crime" shall apply to an act committed in the Commonwealth, including land subject to federal jurisdiction. The word "crime" shall also apply to an act which occurs against a resident of the Commonwealth in a state which does not have a crime victim compensation program for which a resident of the Commonwealth would be eligible.

Debt: money or its equivalent which is, or is alleged to be, more than 30 days past due and owing, unless a different period is agreed to by the debtor, under a single account whether or not the obligation has been reduced to judgment, as a result of a purchase, lease, or loan of goods, services, or real or personal property, for personal, family, or household purposes or as a result of a loan of money which is obtained for personal, family or household purposes.

Debtor: a natural person or his or her guardian, administrator, or executor, who is present or residing in Massachusetts and who is allegedly liable for a debt.

Crime Scene Cleanup: The removal of, or the attempted removal of, blood or other stains that are the direct result of the commission of a crime or other dirt and debris caused by the processing of the crime scene; provided, however, that crime scene cleanup shall not include the replacement or repair of property damaged during the commission of the crime.

Department: the Department of the Attorney General.

Dependent: the victim's spouse, parent, spouse's parent, child, grandchild, sibling, niece or nephew, or other person who is wholly or partially dependent for support upon the victim at the time of his or her injury or death due to a crime alleged in a claim made pursuant to M.G.L. c. 258C.

Division: the Division of Victim Compensation and Assistance within the Department of the Attorney General.

Family: the victim's spouse, parent, spouse's parent, grandparent, stepparent, child, grandchild, or sibling, niece or nephew, or other person who is wholly or partially dependent for support upon the victim at the time of his or her injury or death due to a crime alleged in a claim made pursuant to M.G.L. c. 258C.

Health Care Provider: any doctor of medicine, osteopathy, or dental science, or a registered nurse, social worker, doctor of chiropractic, or psychologist or an intern, or a resident, fellow, or medical officer licensed or registered under M.G.L. c. 112 and its agents or successors in interest, or a hospital, clinic, or nursing home licensed under the provisions of M.G.L. c. 111 and its agents and employees, or a public hospital and its agents and employees.

Medical Care: medical, psychological, dental, optometric, hospital and nursing care provided to a victim including, but not limited to, medicines, medical, dental, optometric and surgical supplies, and prostheses. It includes rehabilitation therapy, and rehabilitation equipment reasonably necessary for basic self care and to enable the victim to obtain or continue employment. It also includes transportation costs incurred while obtaining medical care, as provided in 940 CMR 14.03: Medical Care.

Minor: a person younger than 18 years old.

Offender: an adult or juvenile who commits a crime for which a claimant seeks compensation.

Out-of-pocket Loss: unreimbursed or unreimbursable expense for services eligible for compensation pursuant to M.G.L. c. 258C.

Program Director: Program Director of the Division or such person as specially designated by the Program Director to issue on behalf of the Program Director, notices of award or denial pursuant to M.G.L. c. 258C, § 7, and decisions on reconsideration pursuant to M.G.L. c. 258C, § 8.

Security Measures: The replacement, repair or installation of locks, windows or other security devices deemed to be reasonably necessary for the promotion of the victim's safety by the Program Director after taking into consideration the nature of the crime.

State: a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any other possession or territory of the United States.

Verify: provide proof by means of supporting documentation and statements sworn under the pains and penalties of perjury.

Victim: a victim is either:

(a) a person who suffers personal physical or psychological injury or death as a direct result of:

1. a crime committed against him or her; or

2. attempting to assist a person during the commission of a crime against that person; or

3. efforts to prevent a crime from occurring in his or her presence or to apprehend a person who committed a crime in his or her presence; or

(b) a minor who suffers personal physical or psychological injury as a result of observing or perceiving the commission of a crime against a family member or against a person upon whom the minor is dependent. A minor who qualifies under 940 CMR 14.03: Victim (b) shall join in the claim filed by or on behalf of the family member or person upon whom the minor is dependent, but may not file a separate claim for compensation.