Criminal Offenses

CHAPTER 11-67.1
Uniform Act on Prevention of and Remedies for Human Trafficking

SECTION 11-67.1-10

§ 11-67.1-10. Restitution.

(a) The court shall order a person convicted of an offense under §§ 11-67.1-3, 11-67.1-4, or 11-67.1-5 to pay restitution to the victim of the offense for:

(1) Expenses incurred or reasonably certain to be incurred by the victim as a result of the offense, including reasonable attorneys' fees and costs; and

(2) An amount equal to the greatest of the following, with no reduction for expenses the defendant incurred to maintain the victim:

(i) The gross income to the defendant for, or the value to the defendant of, the victim's labor or services or sexual activity;

(ii) The amount the defendant contracted to pay the victim; or

(iii) The value of the victim's labor or services or sexual activity, calculated under the minimum-wage and overtime provisions of the "Fair Labor Standards Act", 29 U.S.C. § 201 et seq., or subsection (a)(2) of this section, whichever is greater, even if the provisions do not apply to the victim's labor or services or sexual activity.

(b) The court shall order restitution under subsection (a) of this section even if the victim is unavailable to accept payment of restitution.

(c) If the victim does not claim restitution ordered under subsection (a) of this section for five (5) years after entry of the order, the restitution must be paid to the criminal injuries compensation fund, as established in chapter 25 of title 12.

History of Section.
(P.L. 2017, ch. 232, § 2; P.L. 2017, ch. 260, § 2.)