(a) The total amount of compensation awarded or paid to any one applicant under the provisions of section 163 of this subchapter may not exceed the sum of $25,000.
(b) The Commission may not award compensation to an applicant under this chapter if, supported by substantial evidence, it determines that—
(1) The criminal offense, which allegedly caused the injury or death for which compensation is sought under this chapter, did not occur; but if any person has been convicted of the criminal offense, proof of that conviction unless an appeal against the conviction or a petition for a rehearing, retrial, or certiorari in respect of all charges is pending or a new trial or rehearing has been ordered, shall be res judicata as to the fact that the criminal offense has been committed; or
(2) The act or omission which constituted such criminal offense was not a proximate cause of the injury or death; or
(3) The requirements of section 161 of this chapter were not met or the provisions of section 162 of this subchapter were not satisfied; or
(4) The victim and the offender, at the time when the injury or death was caused, were engaged in a common unlawful enterprise or activity; or
(5) The injury or death was caused by the operation of a motor vehicle, airplane, or boat, unless the vehicle, airplane, or boat was used as a weapon in a deliberate attempt to injure or kill the victim, or the injury or death was caused by a person driving under the influence of alcohol or drugs, or injury or death is caused by a confirmed hit and run vehicular accident, or injury or death was caused by terrorism, the Commission may order the payment of compensation in accordance with the provisions of this chapter.
(c) In determining the amount of an award, the Commission shall determine whether, because of his conduct, the victim of such crime contributed to the infliction of his injury, and the Commission shall reduce the amount of the award or reject the claim altogether, in accordance with such determination; provided, however, that the Commission may disregard for this purpose the responsibility of the victim for his own injury where the record shows that such responsibility was attributable to efforts by the victim to prevent a crime or an attempted crime from occurring in his presence or to apprehend a person who had committed a crime in his presence or had in fact committed a felony.
(d) A person who is criminally responsible for the crime upon which a claim is based shall not be eligible to receive an award with respect to such claim. A member of the family of a person criminally responsible for the crime upon which a claim is based shall be eligible to receive an award according to the provisions of this chapter, unless the Board determines pursuant to regulations adopted by the Board, that the person criminally responsible will receive substantial economic benefit or unjust enrichment from the compensation. In such circumstances the award may be reduced or structured in such a way as to remove the substantial economic benefit or unjust enrichment to such person or the claim may be denied.
(e) Orders for payment of compensation pursuant to this chapter may be made only as to injuries or death caused by criminal offenses occurring after January 1, 1968, or caused during an attempt to prevent a criminal offense or to apprehend a person suspected of committing such an offense which attempt occurred after January 1, 1968.