Okla. Stat. tit. 21, § 21-142.3

Oklahoma Statutes - Title 21. Crimes and Punishments Page 134

As used in the Oklahoma Crime Victims Compensation Act, Section

142.1 et seq. of this title:

1. "Allowable expense" means:

a. charges incurred for needed products, services and

accommodations, including, but not limited to, medical

care, wage loss, rehabilitation, rehabilitative

occupational training and other remedial treatment and

care,

b. any reasonable expenses related to the funeral,

cremation or burial,

c. reasonable costs for counseling family members of a

homicide victim,

d. reasonable costs associated with homicide crime scene

cleanup, and

e. reasonable cost of vehicle impound fees associated

with the collection and security of crime scene

evidence;

2. "Board" means the Crime Victims Compensation Board created

by Section 142.4 of this title;

3. "Claimant" means any of the following persons applying for

compensation under the Crime Victims Compensation Act:

a. a victim,

b. a dependent of a victim who has died because of

criminally injurious conduct, or

c. a person authorized to act on behalf of any of the

persons enumerated in subparagraphs a and b of this

paragraph;

4. "Collateral source" means a source of benefits or advantages

for economic loss for which the claimant would otherwise be eligible

to receive compensation under this act, and which the claimant has

received, or which is readily available to the claimant, from any

one or more of the following:

a. the offender,

b. the government of the United States or any agency

thereof, in the form of benefits, such as social

security, Medicare and Medicaid, a state or any of its

political subdivisions or an instrumentality or two or

more states, unless the law providing for the benefits

or advantages makes them excessive or secondary to

benefits under this act,

c. state-required temporary nonoccupational disability

insurance,

d. workers' compensation,

e. wage continuation programs of any employer,

f. a contract providing prepaid hospital and other health

care services or benefits for disability,

Oklahoma Statutes - Title 21. Crimes and Punishments Page 135

g. a contract providing prepaid burial expenses or

benefits, or

h. proceeds of any contract of insurance payable to the

claimant for loss which the victim sustained because

of the criminally injurious conduct, except:

(1) life insurance proceeds or uninsured motorist

proceeds in an amount of Fifty Thousand Dollars

($50,000.00) or less shall not be considered a

collateral source when computing loss of support,

and

(2) life insurance proceeds and proceeds from

personal uninsured motorist coverage of any

amount shall not be considered a collateral

source for computing burial expenses;

5. a. "Criminally injurious conduct" means a misdemeanor or

felony which occurs or is attempted in this state, or

against a resident of this state in a state that does

not have an eligible crime victims compensation

program as such term is defined in the federal Victims

of Crime Act of 1984, Public Law 98-473, that results

in bodily injury, threat of bodily injury or death to

a victim which:

(1) may be punishable by fine, imprisonment or death,

or

(2) if the act is committed by a child, could result

in such child being adjudicated a delinquent

child.

b. Such term shall not include acts arising out of the

negligent maintenance or use of a motor vehicle

unless:

(1) the vehicle was operated or driven by the

offender while under the influence of alcohol,

with a blood alcohol level in excess of the legal

limit, or while under the influence of any other

intoxicating substance,

(2) the vehicle was operated or driven by the

offender with the intent to injure or kill the

victim or in a manner imminently dangerous to

another person and evincing a depraved mind,

although without any premeditated design to

injure or effect the death of any particular

person,
alcohol level in excess of the legal

limit, or while under the influence of any other

intoxicating substance,

(2) the vehicle was operated or driven by the

offender with the intent to injure or kill the

victim or in a manner imminently dangerous to

another person and evincing a depraved mind,

although without any premeditated design to

injure or effect the death of any particular

person,

(3) the offense involved willful, malicious or

felonious failure to stop after being involved in

a personal injury accident to avoid detection or

prosecution, provided the victim of the accident

was a pedestrian or was operating a vehicle moved

Oklahoma Statutes - Title 21. Crimes and Punishments Page 136

solely by human power or a mobility device at the

time of contact, or

(4) the offense involving one or more vehicles

results in the death of the victim due to the

reckless disregard for the safety of others by

the offender. As used in this division,

“reckless disregard for the safety of others” is

defined as the omission to do something which a

reasonably careful person would do, or the lack

of the usual and ordinary care and caution in the

performance of an act usually and ordinarily

exercised by a person under similar circumstances

and conditions.

c. “Criminally injurious conduct” shall include an act of

terrorism, as defined in Section 2331 of Title 18,

United States Code, committed outside the United

States;

6. "Dependent" means a natural person wholly or partially

dependent upon the victim for care or support, and includes a child

of the victim born after the death of the victim where the death

occurred as a result of criminally injurious conduct;

7. "Economic loss of a dependent" means loss after death of the

victim of contributions of things of economic value to the

dependent, not including services which would have been received

from the victim if he or she had not suffered the fatal injury;

8. "Replacement services loss of dependent" means the loss

reasonably incurred by dependents after death of the victim in

obtaining ordinary and necessary services in lieu of those the

deceased victim would have performed for their benefit had the

deceased victim not suffered the fatal injury, less expenses of the

dependent avoided by reason of death of the victim and not

subtracted in calculating the economic loss of the dependent;

9. "Economic loss" means monetary detriment consisting only of

allowable expense, work loss, replacement services loss and, if

injury causes death, economic loss and replacement services loss of

a dependent, but shall not include noneconomic loss;

10. "Noneconomic detriment" means pain, suffering,

inconvenience, physical impairment and nonpecuniary damage;

11. "Replacement services loss" means expenses reasonably

incurred in obtaining ordinary and necessary services in lieu of

those the victim would have performed, not for income, but for the

benefit of self or family, if the victim had not been injured or

died;

12. "Traffic offense" means violation of a law relating to the

operation of vehicles, but shall not mean negligent homicide due to

operation of a motor vehicle, reckless driving, tampering with or

damaging a motor vehicle, failure of a driver of a motor vehicle

Oklahoma Statutes - Title 21. Crimes and Punishments Page 137

involved in an accident resulting in death or personal injury to

stop at the scene of the accident, leaving the scene of an accident

resulting in death or personal injury, operating or being in actual

physical control of a motor vehicle while intoxicated or impaired

due to alcohol or other intoxicating substance, or combination

thereof, or operating a motor vehicle with a blood alcohol content

in excess of the legal limit;

13. "Work loss for victim" means loss of income from work the

victim would have performed if such person had not been injured or

died, reduced by any income from substitute work actually performed
vehicle while intoxicated or impaired

due to alcohol or other intoxicating substance, or combination

thereof, or operating a motor vehicle with a blood alcohol content

in excess of the legal limit;

13. "Work loss for victim" means loss of income from work the

victim would have performed if such person had not been injured or

died, reduced by any income from substitute work actually performed

by the victim or by income the victim would have earned in available

appropriate substitute work that the victim was capable of

performing but unreasonably failed to undertake, or loss of income

from work the victim’s caregiver would have performed if the

injuries of the victim sustained as a result of the criminally

injurious conduct had not created the need for the caregiver to miss

work to care for the injured victim; and

14. "Victim" means a person who suffers personal injury or

death as a result of criminally injurious conduct and shall include

a resident of this state who is injured or killed by an act of

terrorism committed outside of the United States.