Compensation; situations when not awarded.

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81-1822. Compensation; situations when not awarded.

No compensation shall be awarded from the Victim's Compensation Fund:

(1) If the victim aided or abetted the offender in the commission of the unlawful act;

(2) If the offender will receive economic benefit or unjust enrichment from the compensation;

(3) If the victim violated a criminal law of the state, which violation caused or contributed to his or her injuries or death; or

(4) If the victim is injured as a result of the operation of a motor vehicle, boat, or airplane (a) unless the vehicle was used in a deliberate attempt to injure or kill the victim, (b) unless the operator is charged with a violation of section 60-6,196 or 60-6,197 or a city or village ordinance enacted in conformance with either of such sections, or (c) unless any chemical test of the operator's breath or blood indicates an alcohol concentration equal to or in excess of the limits prescribed in section 60-6,196.

Nothing in this section shall limit payments to a victim by an offender which are made as full or partial restitution of the victim's actual pecuniary loss.

Source

  • Laws 1978, LB 910, § 22;
  • Laws 1982, LB 942, § 7;
  • Laws 1986, LB 540, § 23;
  • Laws 1990, LB 87, § 7;
  • Laws 1993, LB 370, § 489;
  • Laws 2001, LB 773, § 18;
  • Laws 2009, LB598, § 9;
  • Laws 2011, LB390, § 24;
  • Laws 2013, LB99, § 6.


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