49.280 Definitions for KRS 49.270 to 49.490

49.280 Definitions for KRS 49.270 to 49.490.

As used in KRS 49.270 to 49.490:

(1) "Child" means any person less than eighteen (18) years of age;

(2) "Claimant" means any of the following claiming compensation under KRS 49.270

to 49.490: a victim, a dependent of a deceased victim, a third person other than a

collateral source, or an authorized person acting on behalf of any of them who is

legally responsible for the expenses incurred by the victim as a result of the crime

committed against the victim;

(3) "Criminally injurious conduct" means conduct that occurs or is attempted in this

jurisdiction, poses a substantial threat of personal physical or psychological injury

or death, and is punishable by fine, imprisonment, or death. Criminally injurious

conduct shall include an act of terrorism, as defined in 18 U.S.C. sec. 2331,

committed outside of the United States against a resident of Kentucky. Acts which,

but for the insanity or mental irresponsibility or lack of capacity of the perpetrator,

would constitute criminal conduct shall be deemed to be criminally injurious

conduct. The operation of a motor vehicle, motorcycle, train, boat, aircraft, or other

vehicle in violation of law does not constitute a criminally injurious conduct unless

the injury or death was intentionally inflicted, involved a violation of KRS

189A.010, driving under the influence, involved the operator of a vehicle in an

accident who did not stop and disclose his or her identity as required by KRS

189.580, or involved the operator of a vehicle in an accident who acted recklessly

or with wantonness;

(4) "Family," when used with reference to a person, means:

(a) The person's spouse;

(b) Any person related to the person within the second degree of consanguinity;

(c) Any person maintaining a sexual relationship with the person;

(d) Any person residing in the same household with the person; or

(e) Any stepchild, stepparent, stepbrother, or stepsister; and

(5) (a) "Victim" means a person who suffers personal physical or psychological

injury or death from a criminal act in Kentucky as a result of:

1. Criminally injurious conduct;

2. A good-faith effort to prevent criminally injurious conduct; or

3. A good-faith effort to apprehend a person reasonably suspected of

engaging in criminally injurious conduct.

(b) "Victim" shall also mean a resident who is a victim of a crime occurring

outside this state if:

1. The crime would be compensable had it occurred inside this state; and

2. The crime occurred in a state which does not have a crime victim

compensation program, for which the victim is eligible as eligibility is

set forth in KRS 49.310.

(c) "Victim" shall also mean a resident of this state who is injured or killed by an

act of terrorism, as defined in 18 U.S.C. sec. 2331, committed outside the

United States.