75E-5-305. Grounds for eligibility.
(1) A victim is eligible for a compensation award under this chapter if: the claimant is: a victim of criminally injurious conduct; a dependent of a deceased victim of criminally injurious conduct; or a representative acting on behalf of one of the above; the criminally injurious conduct occurred in Utah; or 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; the application is made in writing in a form that conforms substantially to that prescribed by the office; 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; 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 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.
(3) Notwithstanding the requirements of Subsectionsand, 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: (1)(d) (e) the victim seeks assistance from an advocacy services provider, a criminal justice system victim advocate, or a nongovernment organization victim advocate; and 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. Notwithstanding the requirement of Subsection, 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: (1)(e) reports the strangulation to a law enforcement officer or another federal or state investigative agency after the strangulation occurs; or seeks medical care for the strangulation immediately after the strangulation occurs.