Utah Administrative Code
Topic - Crime Victim Reparations
Title R270 - Administration
Rule R270-1 - Award and Reparation Standards
Section R270-1-22 - Misconduct
Universal Citation: UT Admin Code R 270-1-22
Current through Bulletin 2024-06, March 15, 2024
(1) Pursuant to Subsections 63M-7-502(23) and 63M-7-512(1)(b), the office shall consider misconduct to be:
(a) conduct which contributed to the victim's
injury or death; or
(b) conduct
which the victim could have reasonably foreseen could lead to injury or
death.
(2) In determining whether the victim engaged in misconduct, the reparations officers shall consider any behavior of the victim that may have directly or indirectly contributed to the victim's injury or death including:
(a) consent;
(b) provocation;
(c) verbal utterance;
(d) gesture;
(e) incitement;
(f) prior conduct of the victim; or
(g) the victim's ability to have reasonably
avoided the incident upon which the reparations claim is based.
(3) When determining whether the victim engaged in misconduct, reparations officers shall not consider:
(a) any behavior or action of any victim that
is committed by the victim while under the duress or experience of threat,
exploitation, coercion or any circumstance absent the victim's own willful
desire to participate; or
(b) any
behavior or action committed or perceived to have been committed by the victim
of any sex crime.
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