Definitions

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As used in this subchapter:

  1. (1) “Crime” means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult;

  2. (2) “Member of the victim's family” means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan;

  3. (3) “Offense against a victim who is a minor” means:

    1. (A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim;

    2. (B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim;

    3. (C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim;

    4. (D) Any sex offense when the victim is a minor;

    5. (E) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3);

    6. (F) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (3); or

    7. (G) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3);

  4. (4) “Person” means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity;

  5. (5) “Representative of the victim” means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted;

  6. (6) “Sex offense” means:

    1. (A) Rape, § 5-14-103;

    2. (B) Sexual indecency with a child, § 5-14-110;

    3. (C) Sexual assault in the first degree, § 5-14-124;

    4. (D) Sexual assault in the second degree, § 5-14-125;

    5. (E) Sexual assault in the third degree, § 5-14-126;

    6. (F) Sexual assault in the fourth degree, § 5-14-127;

    7. (G) Incest, § 5-26-202;

    8. (H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303;

    9. (I) Transportation of minors for prohibited sexual conduct, § 5-27-305;

    10. (J) Employing or consenting to use of a child in sexual performance, § 5-27-402;

    11. (K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403;

    12. (L) Computer child pornography, § 5-27-603;

    13. (M) Computer exploitation of a child in the first degree, § 5-27-605(a);

    14. (N) Promoting prostitution in the first degree, § 5-70-104;

    15. (O) Stalking, § 5-71-229;

    16. (P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (6);

    17. (Q) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (6);

    18. (R) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (6); or

    19. (S) Sexual extortion, § 5-14-113;

  7. (7) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States;

  8. (8) “Victim” means a victim of a sex offense or an offense against a victim who is a minor and a victim of any violent crime, but does not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan and does not include a governmental entity; and

  9. (9) “Violent crime” means any felony which resulted in physical injury to the victim, any felony involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a), and stalking, as defined in § 5-71-229.


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