595.010. Definitions. - Missouri Statutes

Definitions.

595.010. 1. As used in sections 595.010 to 595.075, unless thecontext requires otherwise, the following terms shall mean:

(1) "Child", a dependent, unmarried person who is under eighteenyears of age and includes a posthumous child, stepchild, or an adoptedchild;

(2) "Claimant", a victim or a dependent, relative, survivor, ormember of the family, of a victim eligible for compensation pursuant tosections 595.010 to 595.075;

(3) "Conservator", a person or corporation appointed by a court tohave the care and custody of the estate of a minor or a disabled person,including a limited conservator;

(4) "Counseling", problem-solving and support concerning emotionalissues that result from criminal victimization licensed pursuant to section595.030. Counseling is a confidential service provided either on anindividual basis or in a group. Counseling has as a primary purpose toenhance, protect and restore a person's sense of well-being and socialfunctioning after victimization. Counseling does not include victimadvocacy services such as crisis telephone counseling, attendance atmedical procedures, law enforcement interviews or criminal justiceproceedings;

(5) "Crime", an act committed in this state which, if committed by amentally competent, criminally responsible person who had no legalexemption or defense, would constitute a crime; provided that, such actinvolves the application of force or violence or the threat of force orviolence by the offender upon the victim but shall include the crime ofdriving while intoxicated, vehicular manslaughter and hit and run; andprovided, further, that no act involving the operation of a motor vehicleexcept driving while intoxicated, vehicular manslaughter and hit and runwhich results in injury to another shall constitute a crime for the purposeof sections 595.010 to 595.075, unless such injury was intentionallyinflicted through the use of a motor vehicle. A crime shall also includean act of terrorism, as defined in 18 U.S.C. Section 2331, which has beencommitted outside of the United States against a resident of Missouri;

(6) "Crisis intervention counseling", helping to reduce psychologicaltrauma where victimization occurs;

(7) "Department", the department of public safety;

(8) "Dependent", mother, father, spouse, spouse's mother, spouse'sfather, child, grandchild, adopted child, illegitimate child, niece ornephew, who is wholly or partially dependent for support upon, and livingwith, but shall include children entitled to child support but not livingwith, the victim at the time of his injury or death due to a crime allegedin a claim pursuant to sections 595.010 to 595.075;

(9) "Direct service", providing physical services to a victim ofcrime including, but not limited to, transportation, funeral arrangements,child care, emergency food, clothing, shelter, notification andinformation;

(10) "Director", the director of public safety of this state or aperson designated by him for the purposes of sections 595.010 to 595.075;

(11) "Disabled person", one who is unable by reason of any physicalor mental condition to receive and evaluate information or to communicatedecisions to such an extent that the person lacks ability to manage hisfinancial resources, including a partially disabled person who lacks theability, in part, to manage his financial resources;

(12) "Emergency service", those services provided within thirty daysto alleviate the immediate effects of the criminal act or offense, and mayinclude cash grants of not more than one hundred dollars;

(13) "Earnings", net income or net wages;

(14) "Family", the spouse, parent, grandparent, stepmother,stepfather, child, grandchild, brother, sister, half brother, half sister,adopted children of parent, or spouse's parents;

(15) "Funeral expenses", the expenses of the funeral, burial,cremation or other chosen method of interment, including plot or tomb andother necessary incidents to the disposition of the remains;

(16) "Gainful employment", engaging on a regular and continuousbasis, up to the date of the incident upon which the claim is based, in alawful activity from which a person derives a livelihood;

(17) "Guardian", one appointed by a court to have the care andcustody of the person of a minor or of an incapacitated person, including alimited guardian;

(18) "Hit and run", the crime of leaving the scene of a motor vehicleaccident as defined in section 577.060, RSMo;

(19) "Incapacitated person", one who is unable by reason of anyphysical or mental condition to receive and evaluate information or tocommunicate decisions to such an extent that he lacks capacity to meetessential requirements for food, clothing, shelter, safety or other caresuch that serious physical injury, illness, or disease is likely to occur,including a partially incapacitated person who lacks the capacity to meet,in part, such essential requirements;

(20) "Injured victim", a person:

(a) Killed or receiving a personal physical injury in this state as aresult of another person's commission of or attempt to commit any crime;

(b) Killed or receiving a personal physical injury in this statewhile in a good faith attempt to assist a person against whom a crime isbeing perpetrated or attempted;

(c) Killed or receiving a personal physical injury in this statewhile assisting a law enforcement officer in the apprehension of a personwho the officer has reason to believe has perpetrated or attempted a crime;

(21) "Law enforcement official", a sheriff and his regular deputies,municipal police officer or member of the Missouri state highway patrol andsuch other persons as may be designated by law as peace officers;

(22) "Offender", a person who commits a crime;

(23) "Personal physical injury", actual bodily harm only with respectto the victim. Personal physical injury may include mental or nervousshock resulting from the specific incident upon which the claim is based;

(24) "Private agency", a not-for-profit corporation, in good standingin this state, which provides services to victims of crime and theirdependents;

(25) "Public agency", a part of any local or state governmentorganization which provides services to victims of crime;

(26) "Relative", the spouse of the victim or a person related to thevictim within the third degree of consanguinity or affinity as calculatedaccording to civil law;

(27) "Survivor", the spouse, parent, legal guardian, grandparent,sibling or child of the deceased victim of the victim's household at thetime of the crime;

(28) "Victim", a person who suffers personal physical injury or deathas a direct result of a crime, as defined in subdivision (5) of thissubsection;

(29) "Victim advocacy", assisting the victim of a crime and hisdependents to acquire services from existing community resources.

2. As used in sections 565.024 and 565.060, RSMo, and sections595.010 to 595.075, the term "alcohol-related traffic offense" means thoseoffenses defined by sections 577.001, 577.010, and 577.012, RSMo, and anycounty or municipal ordinance which prohibits operation of a motor vehiclewhile under the influence of alcohol.

(L. 1981 H.B. 41, et al. § 1, A.L. 1982 S.B. 497, A.L. 1984 H.B. 1226, A.L. 1985 H.B. 715, A.L. 1993 S.B. 19, A.L. 1994 H.B. 1677 merged with S.B. 554, A.L. 1997 S.B. 430, A.L. 2009 S.B. 338)