75E-5-305. Grounds for eligibility.

415 words·~2 min read·/ut/title-75e/chapter-5/75e-5-305

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2026

(1)A victim is eligible for a compensation award under this chapter if:

(a)the claimant is:

(i)a victim of criminally injurious conduct;

(ii)a dependent of a deceased victim of criminally injurious conduct; or

(iii)a representative acting on behalf of one of the above;

(i)the criminally injurious conduct occurred in Utah; or

(ii)the victim is a Utah resident who suffers injury or death as a result of criminally injurious conduct inflicted in a state, territory, or country that does not provide a crime victims' compensation program;

(c)the application is made in writing in a form that conforms substantially to that prescribed by the office;

(d)the criminally injurious conduct is reported to a law enforcement officer, in the law enforcement officer's capacity as a law enforcement officer, or another federal or state investigative agency;

(e)the claimant or victim cooperates with the appropriate law enforcement agencies and prosecuting attorneys in efforts to apprehend or convict the perpetrator of the alleged offense; and

(f)the criminally injurious conduct occurred after December 31, 1986.

(2)A compensation award may be made to a victim regardless of whether any individual is arrested, prosecuted, or convicted of the criminally injurious conduct giving rise to a compensation claim.

(a)Notwithstanding the requirements of Subsections (1)(d) and

(e), a victim of sexual assault is not required to report the sexual assault to a law enforcement officer or another federal or state investigative agency or cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a compensation award under this section if:

(i)the victim seeks assistance from an advocacy services provider, a criminal justice system victim advocate, or a nongovernment organization victim advocate; and

(ii)the advocacy services provider, the criminal justice system victim advocate, or the nongovernment organization victim advocate completes a questionnaire, provided by the office, regarding the sexual assault.

(b)Notwithstanding the requirement of Subsection (1)(e) , a victim who has suffered strangulation in the course of interpersonal violence is not required to cooperate with the appropriate law enforcement agencies and prosecuting attorneys to be eligible for a compensation award under this section if the victim:

(i)reports the strangulation to a law enforcement officer or another federal or state investigative agency after the strangulation occurs; or

(ii)seeks medical care for the strangulation immediately after the strangulation occurs.

Renumbered and Amended by Chapter 291 , 2026 General Session