§ 24-4.1-102 — Definitions

Colorado § 24-4.1-102

• Jurisdiction: Colorado
• Title 24: Government
• Art.: Crime Victim Compensation and

Text

As used in this part 1, unless the context otherwise
requires:

(1) Applicant means any victim of a compensable crime who applies to the
fund for compensation under this part 1. In the case of such a victim's death, the
term includes any person who was the victim's dependent at the time of the death
of that victim.

(1.3) Assault by strangulation means assault as described in section 18-3-202 (1)(g) or 18-3-203 (1)(i).

(2) Board means the crime victim compensation board in each judicial
district.

(3) Child means an unmarried person who is under eighteen years of age.
The term includes a posthumous child, a stepchild, or an adopted child.

(4) (a) Compensable crime means:

(I) An intentional, knowing, reckless, or criminally negligent act of a person
or any act in violation of section 42-4-1301 (1) or (2) that results in residential
property damage to or injury or death of another person or results in loss of or
damage to eyeglasses, dentures, hearing aids, or other prosthetic or medically
necessary devices and which, if committed by a person of full legal capacity, is
punishable as a crime in this state; or

(II) An act in violation of section 42-4-1402, C.R.S., that results in the death or
bodily injury of another person or section 42-4-1601, C.R.S., where the accident
results in the death or bodily injury of another person.

(b) Compensable crime includes, but is not limited to, any state offense
that is a crime pursuant to section 24-4.1-302 (1) and any federal offense that is
comparable to those specified in subsection (4)(a) of this section and is committed
in this state.

(5) (a) Dependent means relatives of a deceased victim who, wholly or
partially, were dependent upon the victim's income at the time of death or would
have been so dependent but for the victim's incapacity due to the injury from which
the death resulted.

(b) Dependent also means a child or intimate partner of the accused or
other person in an intimate relationship, as defined in section 18-6-800.3, with the
accused, if the accused provided household support to the dependent.

(6) Economic loss means economic detriment consisting only of allowable
expense, net income, replacement services loss, and, if injury causes death,
dependent's economic loss. The term does not include noneconomic detriment.

(7) Fund means the crime victim compensation fund as established in each
judicial district.

(7.5) Household support means the monetary support that a dependent
would have received from the accused for the purpose of maintaining a home or
residence and dependent care.

(8) Injury means impairment of a person's physical or mental condition and
includes pregnancy.

(8.5) (a) Property damage means damage to windows, doors, locks, or
other security devices of a residential dwelling and includes damage to a leased
residential dwelling.

(b) Property damage also includes expenses related to the rekeying of a
motor vehicle or other locks necessary to ensure a victim's safety and may include
expenses incurred for a motor vehicle that is determined by law enforcement to be
where a compensable crime was committed.

(9) Relative means a victim's intimate partner, parent, grandparent,
stepfather, stepmother, child, grandchild, brother, sister, half brother, half sister, or
spouse's parents. The term includes said relationships that are created as a result
of adoption. In addition, relative includes any person who has a family-type
relationship with a victim.

(9.5) Replacement services loss means expenses reasonably incurred in
obtaining necessary services that an injured or deceased victim would otherwise
have performed for the benefit of the victim's self or family, but not for income, if
the victim had not been injured or died.

(10) (a) Victim means any of the following persons who suffer property
damage, economic loss, injury, or death as a result of a compensable crime
perpetrated or attempted in whole or in part in this state:

(I) Any person against whom a compensable crime is perpetrated or
attempted. Such a person is a primary victim.

(II) and (III) (Deleted by amendment, L. 2024.)

(b) Victim also means a person who suffers injury or death, the proximate
cause of which is a compensable crime perpetrated or attempted in the person's
presence against a primary victim. Such a person is a secondary victim and also
includes:

(I) Any person who attempts to assist or assists a primary victim; or

(II) Any person who is a relative of a primary victim.

(c) Victim also means a person who is a resident of this state and who is a
victim of a crime that occurred outside of this state, where the crime would be a
compensable crime had it occurred in this state and where the state or country in
which the crime occurred does not have a reasonably accessible crime victim
compensation program for which the person would be eligible.

(d) Victim also means a person who is a resident of this state who is injured
or killed by an act of international terrorism, as defined in 18 U.S.C. sec. 2331,
committed outside of the United States.

Legislative History

Source: L. 81: Entire article added, p. 1135, � 5, effective July 1. L. 83: (4) and (10) amended and (8.5) added, pp. 669, 854, 1648, �� 16, 1, 19, effective July 1. L. 84: IP(1) and (1) amended, p. 657, � 6, effective May 14. L. 85: (1) and (6) amended, p. 792, � 1, effective April 11. L. 90: (10) amended, p. 1179, � 1, effective July 1. L. 94: (4) amended, p. 2555, � 50, effective January 1, 1995. L. 95: (8) to (10) amended, p. 1400, � 1, effective July 1. L. 97: (4) and (10)(c) amended and (10)(d) added, p. 1560, � 3, effective July 1. L. 98: (10)(d) amended, p. 517, � 1, effective April 30. L. 99: (10)(d) amended, p. 58, � 10, effective March 15. L. 2015: (4)(a)(II), (5), and (8.5) amended and (7.5) added, (HB 15-1035), ch. 60, p. 143, � 1, effective March 30. L. 2021: (1.3) added, (HB 21-1165), ch. 129, p. 520, � 2, effective May 10. L. 2024: (1), (4)(a)(I), (4)(b), (5)(b), (7.5), (8.5)(b), (9), (10)(a), (10)(b), and (10)(c) amended and (9.5) added, (SB 24-120), ch. 177, p. 958, � 1, effective May 15.