Restitution

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  • (a) The court shall order a person convicted of an offense under section 133, 134, or 135 to pay restitution to the victim of the offense for:

    • (1) expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorney’s fees and costs; and

    • (2) an amount equal to the greatest of the following, with no reduction for expenses the defendant incurred to maintain the victim:

      • (A) the gross income to the defendant for, or the value to the defendant of, the victim’s labor, or services, or sexual activity;

      • (B) the amount the defendant contracted to pay the victim; or

      • (C) the value of the victim’s labor, or services, or sexual activity, calculated under the minimum-wage and overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., or the Fair Labor Standards under 24 V.I.C. § 1 et seq. whichever is higher, even if the provisions do not apply to the victim’s labor or services or sexual activity.

  • (b) The court shall order restitution under subsection (a) even if the victim is unavailable to accept payment of restitution.

  • (c) If the victim does not claim restitution ordered under subsection (a) for five years after entry of the order, the restitution must be paid to the victim’s compensation fund to help other victims.


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