{"data":{"id":"us-ok/okla.-stat.-tit.-21-21-142.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 21, § 21-142.3","heading":"Definitions","body":"\n\nAs used in the Oklahoma Crime Victims Compensation Act, Section\n\n142.1 et seq. of this title:\n\n1. \"Allowable expense\" means:\n\na. charges incurred for needed products, services and\n\naccommodations, including, but not limited to, medical\n\ncare, wage loss, rehabilitation, rehabilitative\n\noccupational training and other remedial treatment and\n\ncare,\n\nb. any reasonable expenses related to the funeral,\n\ncremation or burial,\n\nc. reasonable costs for counseling family members of a\n\nhomicide victim,\n\nd. reasonable costs associated with homicide crime scene\n\ncleanup, and\n\ne. reasonable cost of vehicle impound fees associated\n\nwith the collection and security of crime scene\n\nevidence;\n\n2. \"Board\" means the Crime Victims Compensation Board created\n\nby Section 142.4 of this title;\n\n3. \"Claimant\" means any of the following persons applying for\n\ncompensation under the Crime Victims Compensation Act:\n\na. a victim,\n\nb. a dependent of a victim who has died because of\n\ncriminally injurious conduct, or\n\nc. a person authorized to act on behalf of any of the\n\npersons enumerated in subparagraphs a and b of this\n\nparagraph;\n\n4. \"Collateral source\" means a source of benefits or advantages\n\nfor economic loss for which the claimant would otherwise be eligible\n\nto receive compensation under this act, and which the claimant has\n\nreceived, or which is readily available to the claimant, from any\n\none or more of the following:\n\na. the offender,\n\nb. the government of the United States or any agency\n\nthereof, in the form of benefits, such as social\n\nsecurity, Medicare and Medicaid, a state or any of its\n\npolitical subdivisions or an instrumentality or two or\n\nmore states, unless the law providing for the benefits\n\nor advantages makes them excessive or secondary to\n\nbenefits under this act,\n\nc. state-required temporary nonoccupational disability\n\ninsurance,\n\nd. workers' compensation,\n\ne. wage continuation programs of any employer,\n\nf. a contract providing prepaid hospital and other health\n\ncare services or benefits for disability,\n\ng. a contract providing prepaid burial expenses or\n\nbenefits, or\n\nh. proceeds of any contract of insurance payable to the\n\nclaimant for loss which the victim sustained because\n\nof the criminally injurious conduct, except:\n\n(1) life insurance proceeds or uninsured motorist\n\nproceeds in an amount of Fifty Thousand Dollars\n\n($50,000.00) or less shall not be considered a\n\ncollateral source when computing loss of support,\n\nand\n\n(2) life insurance proceeds and proceeds from\n\npersonal uninsured motorist coverage of any\n\namount shall not be considered a collateral\n\nsource for computing burial expenses;\n\n5. a. \"Criminally injurious conduct\" means a misdemeanor or\n\nfelony which occurs or is attempted in this state, or\n\nagainst a resident of this state in a state that does\n\nnot have an eligible crime victims compensation\n\nprogram as such term is defined in the federal Victims\n\nof Crime Act of 1984, Public Law 98-473, that results\n\nin bodily injury, threat of bodily injury or death to\n\na victim which:\n\n(1) may be punishable by fine, imprisonment or death,\n\nor\n\n(2) if the act is committed by a child, could result\n\nin such child being adjudicated a delinquent\n\nchild.\n\nb. Such term shall not include acts arising out of the\n\nnegligent maintenance or use of a motor vehicle\n\nunless:\n\n(1) the vehicle was operated or driven by the\n\noffender while under the influence of alcohol,\n\nwith a blood alcohol level in excess of the legal\n\nlimit, or while under the influence of any other\n\nintoxicating substance,\n\n(2) the vehicle was operated or driven by the\n\noffender with the intent to injure or kill the\n\nvictim or in a manner imminently dangerous to\n\nanother person and evincing a depraved mind,\n\nalthough without any premeditated design to\n\ninjure or effect the death of any particular\n\nperson,\nalcohol level in excess of the legal\n\nlimit, or while under the influence of any other\n\nintoxicating substance,\n\n(2) the vehicle was operated or driven by the\n\noffender with the intent to injure or kill the\n\nvictim or in a manner imminently dangerous to\n\nanother person and evincing a depraved mind,\n\nalthough without any premeditated design to\n\ninjure or effect the death of any particular\n\nperson,\n\n(3) the offense involved willful, malicious or\n\nfelonious failure to stop after being involved in\n\na personal injury accident to avoid detection or\n\nprosecution, provided the victim of the accident\n\nwas a pedestrian or was operating a vehicle moved\n\nsolely by human power or a mobility device at the\n\ntime of contact, or\n\n(4) the offense involving one or more vehicles\n\nresults in the death of the victim due to the\n\nreckless disregard for the safety of others by\n\nthe offender. As used in this division,\n\n“reckless disregard for the safety of others” is\n\ndefined as the omission to do something which a\n\nreasonably careful person would do, or the lack\n\nof the usual and ordinary care and caution in the\n\nperformance of an act usually and ordinarily\n\nexercised by a person under similar circumstances\n\nand conditions.\n\nc. “Criminally injurious conduct” shall include an act of\n\nterrorism, as defined in Section 2331 of Title 18,\n\nUnited States Code, committed outside the United\n\nStates;\n\n6. \"Dependent\" means a natural person wholly or partially\n\ndependent upon the victim for care or support, and includes a child\n\nof the victim born after the death of the victim where the death\n\noccurred as a result of criminally injurious conduct;\n\n7. \"Economic loss of a dependent\" means loss after death of the\n\nvictim of contributions of things of economic value to the\n\ndependent, not including services which would have been received\n\nfrom the victim if he or she had not suffered the fatal injury;\n\n8. \"Replacement services loss of dependent\" means the loss\n\nreasonably incurred by dependents after death of the victim in\n\nobtaining ordinary and necessary services in lieu of those the\n\ndeceased victim would have performed for their benefit had the\n\ndeceased victim not suffered the fatal injury, less expenses of the\n\ndependent avoided by reason of death of the victim and not\n\nsubtracted in calculating the economic loss of the dependent;\n\n9. \"Economic loss\" means monetary detriment consisting only of\n\nallowable expense, work loss, replacement services loss and, if\n\ninjury causes death, economic loss and replacement services loss of\n\na dependent, but shall not include noneconomic loss;\n\n10. \"Noneconomic detriment\" means pain, suffering,\n\ninconvenience, physical impairment and nonpecuniary damage;\n\n11. \"Replacement services loss\" means expenses reasonably\n\nincurred in obtaining ordinary and necessary services in lieu of\n\nthose the victim would have performed, not for income, but for the\n\nbenefit of self or family, if the victim had not been injured or\n\ndied;\n\n12. \"Traffic offense\" means violation of a law relating to the\n\noperation of vehicles, but shall not mean negligent homicide due to\n\noperation of a motor vehicle, reckless driving, tampering with or\n\ndamaging a motor vehicle, failure of a driver of a motor vehicle\n\ninvolved in an accident resulting in death or personal injury to\n\nstop at the scene of the accident, leaving the scene of an accident\n\nresulting in death or personal injury, operating or being in actual\n\nphysical control of a motor vehicle while intoxicated or impaired\n\ndue to alcohol or other intoxicating substance, or combination\n\nthereof, or operating a motor vehicle with a blood alcohol content\n\nin excess of the legal limit;\n\n13. \"Work loss for victim\" means loss of income from work the\n\nvictim would have performed if such person had not been injured or\n\ndied, reduced by any income from substitute work actually performed\nvehicle while intoxicated or impaired\n\ndue to alcohol or other intoxicating substance, or combination\n\nthereof, or operating a motor vehicle with a blood alcohol content\n\nin excess of the legal limit;\n\n13. \"Work loss for victim\" means loss of income from work the\n\nvictim would have performed if such person had not been injured or\n\ndied, reduced by any income from substitute work actually performed\n\nby the victim or by income the victim would have earned in available\n\nappropriate substitute work that the victim was capable of\n\nperforming but unreasonably failed to undertake, or loss of income\n\nfrom work the victim’s caregiver would have performed if the\n\ninjuries of the victim sustained as a result of the criminally\n\ninjurious conduct had not created the need for the caregiver to miss\n\nwork to care for the injured victim; and\n\n14. \"Victim\" means a person who suffers personal injury or\n\ndeath as a result of criminally injurious conduct and shall include\n\na resident of this state who is injured or killed by an act of\n\nterrorism committed outside of the United States.","path":["OK Code","Title 21"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os21.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"82dbc0caadc9d8fb5683eaffb56d45411e43bbb5c38d918e6a1b9760d4cd882b","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-21-21-142.20","next":"us-ok/okla.-stat.-tit.-21-21-142.31"},"notice":"GroundRules: Original legal text. Not legal advice."}