IC 5-2-6.1-13: Participants in criminal acts and prisoners not eligible for benefits; exceptions; award of compensation to dependents of violent criminals

Sec. 13. (a) Subject to subsection (b) and except as provided in subsection (c), benefits may not be awarded:

(1) if the victim sustained the injury as a result of participating or assisting in, or attempting to commit or committing a criminal act;

(2) if the injury occurred while the victim was a resident in a county, city, or federal jail or prison or in an institution operated by the department of correction;

(3) if the victim profited or would have profited from the criminal act;

(4) if, at the time the injury occurred, the victim was intoxicated and contributed to the commission of an unrelated felony; or

(5) to a claimant who contributed to the injury or death of the victim.

(b) If the victim is a dependent child or dependent parent of the person who commits a violent crime, compensation may be awarded where justice requires.

(c) Benefits may be awarded to a person described in subsection (a)(4) who is the victim of a sex crime under IC 35-42-4, a crime involving domestic or family violence (as defined in IC 35-31.5-2-76), a crime of domestic violence (as defined in IC 35-31.5-2-78), or incest (as defined in IC 35-46-1-3).