(a) The Commissioner may order the payment of compensation in accordance with the provisions of this chapter in any case in which—
(1) The victim was injured or killed by any act or omission that constitutes a criminal offense which is a felony or aggravated assault and battery or domestic violence under the laws of the Virgin Islands and which may be prosecuted under the laws of the Virgin Islands pursuant to the provisions of subchapter V, chapter 1, Title 14 of this code; or the victim was injured or killed by an act or omission that constitutes a criminal offense which is a felony under the laws of the United States and which may be prosecuted under the laws of the United States; or
(2) The victim was injured or killed while attempting to prevent the commission of a criminal offense which may be prosecuted under the laws of the Virgin Islands pursuant to the provisions of subchapter V, chapter 1, Title 14 of this code, or to apprehend a person suspected of such an offense; or the victim was injured or killed while attempting to prevent the commission of a criminal offense which may be prosecuted under the laws of the United States, or to apprehend a person suspected of such an offense; or
(3) The victim was injured or killed by an act or omission that constitutes a criminal offense which would have been a felony or aggravated assault and battery under the laws of the Virgin Islands had it occurred in the Virgin Islands but which occurred in a state, territory, or possession of the United States of America which does not have a crime victim compensation program for which the victim is eligible as eligibility is set forth in the Virgin Islands Criminal Victims Compensation Act; or
(4) The victim was injured or killed while attempting to prevent the commission of a criminal offense which may be prosecuted under the laws of the Virgin Islands had it occurred in the Virgin Islands but which occurred in a state, territory, or possession of the United States of America which does not have a crime victim compensation program for which the victim is eligible as eligibility is set forth in the Virgin Islands Criminal Victims Compensation Act, or to apprehend a person suspected of such an offense.
(5) The victim was injured or killed by an act of terrorism, as defined in section 2331 of Title 18 of the United States Code, committed outside of the United States against a resident of this State or against a resident of the United States Virgin Islands.
(b) For the purposes of this chapter, the fact that the offender was legally incapable of forming a criminal intent by reason of age, insanity, drunkenness, or otherwise shall not preclude an award of compensation under this chapter.