81-1822 Compensation; situations when not awarded. - Nebraska Statutes

81-1822. Compensation;situations when not awarded.No compensation shallbe awarded:(1) If the victim aided or abetted the offender in the commissionof the unlawful act;(2) If the offender will receive economic benefit or unjustenrichment from the compensation;(3) If the victim violated a criminal law of the state, whichviolation caused or contributed to his or her injuries or death;(4) If the victim is injured as a result of the operationof a motor vehicle, boat, or airplane (a) unless the vehicle was used in adeliberate attempt to injure or kill the victim, (b) unless the operator ischarged with a violation of section 60-6,196 or 60-6,197 or a city or villageordinance enacted in conformance with either of such sections, or (c) unlessany chemical test of the operator's breath or blood indicates an alcohol concentrationequal to or in excess of the limits prescribed in section 60-6,196; or(5) If the victim incurs an economic loss which does not exceedten percent of his or her net financial resources. For purposes of this subdivision,a victim's net financial resources shall not include the present value offuture earnings and shall be determined by the committee by deducting fromthe victim's total financial resources:(a) One year's earnings;(b) The victim's equity in his or her home, not exceedingthirty thousand dollars;(c) One motor vehicle; and(d) Any other property which would be exempt from executionunder section 25-1552 or 40-101.Nothing in this section shall limit payments to a victim byan offender which are made as full or partial restitution of the victim'sactual pecuniary loss. Subdivision(5) of this section shall not apply to distributions from the Community Trust. SourceLaws 1978, LB 910, § 22; Laws 1982, LB 942, § 7; Laws 1986, LB 540, § 23; Laws 1990, LB 87, § 7; Laws 1993, LB 370, § 489; Laws 2001, LB 773, § 18; Laws 2009, LB598, § 9.