1. Except as otherwise provided in subsection 2, in determining whether to make an order for compensation, the compensation officer shall award compensation unless the injury or death of the victim was substantially attributable to a wrongful act of the victim or substantially provoked by the victim.
2. If the case involves a victim of domestic violence, sexual assault, facilitating sex trafficking or sex trafficking, the compensation officer shall not consider the wrongful act, provocation or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim.
3. If the applicant has received or is likely to receive an amount on account of the applicant’s injury or the death of another from:
(a) The person who committed the crime that caused the victim’s injury or from anyone paying on behalf of the offender;
(b) Insurance;
(c) The employer of the victim; or
(d) Another private or public source or program of assistance,
the applicant shall report the amount received or that the applicant is likely to receive to the compensation officer. Any of those sources that are obligated to pay an amount after the award of compensation shall pay the Department the amount of compensation that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicant’s total expenses.
4. An order for compensation may be made whether or not a person is prosecuted or convicted of an offense arising from the act on which the claim for compensation is based.
5. As used in this section:
(a) "Domestic violence" means an act described in NRS 33.018.
(b) "Facilitating sex trafficking" means a violation of NRS 201.301.
(c) "Public source or program of assistance" means:
(1) Public assistance, as defined in NRS 422A.065;
(2) Social services provided by a social service agency, as defined in NRS 430A.080; or
(3) Other assistance provided by a public entity.
(d) "Sex trafficking" means a violation of subsection 2 of NRS 201.300.
(e) "Sexual assault" has the meaning ascribed to it in NRS 200.366.
(Added to NRS by 1969, 1153; A 1981, 1670; 1985, 2102; 1991, 768; 1997, 788; 2005, 22nd Special Session, 49; 2009, 522; 2013, 1315, 2436; 2019, 1823, 4149)
Structure Nevada Revised Statutes
Chapter 217 - Aid to Certain Victims of Crime
NRS 217.005 - Dissemination of information describing benefits available pursuant to this chapter.
NRS 217.010 - Policy of State.
NRS 217.025 - "Appeals officer" defined.
NRS 217.033 - "Compensation officer" defined.
NRS 217.035 - "Crime" defined.
NRS 217.038 - "Department" defined.
NRS 217.040 - "Dependents" defined.
NRS 217.042 - "Director" defined.
NRS 217.045 - "Hearing officer" defined.
NRS 217.050 - "Personal injury" defined.
NRS 217.060 - "Relative" defined.
NRS 217.065 - "Resident" defined.
NRS 217.070 - "Victim" defined.
NRS 217.090 - Compensation officers: Appointment; duties; instruction.
NRS 217.102 - Circumstances under which victim of crime may apply for compensation.
NRS 217.105 - Confidentiality of information.
NRS 217.113 - Hearing before hearing officer: Procedure; subpoenas; evidence; records; decision.
NRS 217.115 - Waiver of times specified.
NRS 217.120 - Proof of conviction conclusive evidence of commission of offense.
NRS 217.140 - Attorney’s fees.
NRS 217.150 - Standards for compensation.
NRS 217.160 - Persons who may be awarded compensation.
NRS 217.170 - Suspension of proceedings.
NRS 217.180 - Order for compensation: Considerations.
NRS 217.210 - Limitations on time for making order for payment of compensation; exceptions.
NRS 217.220 - Award of compensation prohibited under certain circumstances; exceptions.
NRS 217.240 - Recovery by applicant: Subrogation; duty of notice and payment.
NRS 217.260 - Fund for the Compensation of Victims of Crime.
NRS 217.270 - Unlawful acts; penalty.
NRS 217.280 - "Victim of sexual assault" defined.
NRS 217.290 - County to provide for counseling and medical treatment of victims.
NRS 217.320 - Availability of medical and psychological treatment; limitation of cost.
NRS 217.330 - Certification by person providing counseling or psychological treatment required.
NRS 217.340 - Limitations on time for treatment.
NRS 217.350 - Regulations prescribing procedures.
NRS 217.420 - Grants from Account for Aid for Victims of Domestic or Sexual Violence: Eligibility.
NRS 217.445 - Expenditure of grant must be approved by Division.
NRS 217.450 - Procedure for award of grants; formula.
NRS 217.460 - Reports from recipients of grants to Administrator of Division.
NRS 217.475 - Team to review death of victim of domestic violence.
NRS 217.480 - County to provide for counseling of victims and certain relatives upon request.
NRS 217.510 - "Contingency Account" defined.
NRS 217.520 - "Victim of human trafficking" defined.
NRS 217.530 - Creation; administration; use; limitations.
NRS 217.555 - "Certification" defined.
NRS 217.560 - "Certifying agency" defined.
NRS 217.565 - "Certifying official" defined.
NRS 217.570 - "Criminal activity" defined.
NRS 217.575 - "Petitioner" defined.
NRS 217.585 - Time for processing of request for certification.