1. Except as otherwise provided in subsection 2, in determining whether to make an order for compensation, the compensation officer shall award compensation unless the injury or death of the victim was substantially attributable to a wrongful act of the victim or substantially provoked by the victim.
2. If the case involves a victim of domestic violence, sexual assault, facilitating sex trafficking or sex trafficking, the compensation officer shall not consider the wrongful act, provocation or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim.
3. If the applicant has received or is likely to receive an amount on account of the applicant’s injury or the death of another from:
(a) The person who committed the crime that caused the victim’s injury or from anyone paying on behalf of the offender;
(b) Insurance;
(c) The employer of the victim; or
(d) Another private or public source or program of assistance,
the applicant shall report the amount received or that the applicant is likely to receive to the compensation officer. Any of those sources that are obligated to pay an amount after the award of compensation shall pay the Department the amount of compensation that has been paid to the applicant and pay the remainder of the amount due to the applicant. The compensation officer shall deduct the amounts that the applicant has received or is likely to receive from those sources from the applicant’s total expenses.
4. An order for compensation may be made whether or not a person is prosecuted or convicted of an offense arising from the act on which the claim for compensation is based.
5. As used in this section:
(a) “Domestic violence” means an act described in NRS 33.018.
(b) “Facilitating sex trafficking” means a violation of NRS 201.301.
(c) “Public source or program of assistance” means:
(1) Public assistance, as defined in NRS 422A.065;
(2) Social services provided by a social service agency, as defined in NRS 430A.080; or
(3) Other assistance provided by a public entity.
(d) “Sex trafficking” means a violation of subsection 2 of NRS 201.300.
(e) “Sexual assault” has the meaning ascribed to it in NRS 200.366.
(Added to NRS by 1969, 1153; A 1981, 1670; 1985, 2102; 1991, 768; 1997, 788; 2005, 22nd Special Session, 49; 2009, 522; 2013, 1315, 2436; 2019, 1823, 4149)
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