3 Miss. Code. R. 1-02-203 - Participation In or Commission of a Crime

1. Compensation shall be denied if the injury or death was caused by the victim/claimant assisting, attempting or committing a criminal act at the time he/she became a victim.

2. In determining participation in or commission of a crime as it relates to § 203 (1), the Division of Victim Compensation may consider all relevant information and circumstances, including, but not limited to:

a. Whether the victim/claimant was convicted of a crime relating to the incident which gave rise to the claim;

b. Whether there is good cause to believe that the victim/claimant was participating in a criminal act relating to the crime which gave rise to the claim;

c. Whether there is good cause to believe that the victim/claimant engaged in an ongoing course of criminal conduct within a reasonable time of the date of the crime which gave rise to the claim;

d. Whether the victim/claimant was buying, selling or using illegal drugs at the time of the incident which gave rise to the claim;

e. Whether the victim/claimant was under the legal age and drinking alcohol at the time of the crime which gave rise to the claim; or,

f. Whether the victim/claimant was frequenting a place where drugs and/or alcohol are illegally bought, sold or consumed; where there is solicitation of prostitution; or where there is illegal gambling.

3. Compensation shall not be awarded to any claimant or victim who has two previous felony convictions.

4. Compensation may be denied or reduced to a victim or claimant who, at the time of the crime upon which the claim for compensation is based, was engaging in or attempting to engage in other unlawful activity unrelated to the crime upon which the claim for compensation is based. See Mississippi Code Annotated Section 99-41-17(4). For the purpose of this rule, other unlawful activities include, but are not limited to the following:

a. Any unlawful act not covered by other Sections of Mississippi Code 99-41-17.

b. Misdemeanors, such as illegal drug use/possession, burglary, shoplifting, hitchhiking, trespassing, illegal gambling, and seat belt violation.

5. Additional criminal/delinquent activity exclusions apply and are found in Section 99-41-17 of the Mississippi Code.

6. When it is determined that the provisions of § 203 apply, the burden of proof shall be upon the victim/claimant to prove the eligibility of the claim.

Notes

3 Miss. Code. R. 1-02-203