16-90-1101. Definitions.

16-90-1101. Definitions. As used in this subchapter: (1) “Crime” means an act or omission committed by a person, whether or not competent or an adult, which is punishable by incarceration if committed by a competent adult; (2) “Member of the victim's family” means the spouse, a child by birth or adoption, a stepchild, a parent, a stepparent, a sibling, or an individual designated by the victim or by a court in which the crime is being or could be prosecuted, but does not include an individual who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan; (3) “Offense against a victim who is a minor” means: (A) Kidnapping pursuant to § 5-11-102(a)(4) when the victim is a minor and the offender is not the parent of the victim; (B) False imprisonment in the first degree pursuant to § 5-11-103 when the victim is a minor and the offender is not the parent of the victim; (C) Permanent detention or restraint pursuant to § 5-11-106 when the victim is a minor and the offender is not the parent of the victim; (D) Any sex offense when the victim is a minor; (E) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (3); (F) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (3); or (G) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (3); (4) “Person” means an individual, corporation, estate, trust, partnership, association, joint venture, governmental entity, agency, or instrumentality, or any other legal entity; (5) “Representative of the victim” means a member of the victim's family or an individual designated by the victim or by a court in which the crime is being or could be prosecuted; (6) “Sex offense” means: (A) Rape, § 5-14-103; (B) Sexual indecency with a child, § 5-14-110; (C) Sexual assault in the first degree, § 5-14-124; (D) Sexual assault in the second degree, § 5-14-125; (E) Sexual assault in the third degree, § 5-14-126; (F) Sexual assault in the fourth degree, § 5-14-127; (G) Incest, § 5-26-202; (H) Engaging children in sexually explicit conduct for use in visual or print medium, § 5-27-303; (I) Transportation of minors for prohibited sexual conduct, § 5-27-305; (J) Employing or consenting to use of a child in sexual performance, § 5-27-402; (K) Producing, directing, or promoting a sexual performance by a child, § 5-27-403; (L) Computer child pornography, § 5-27-603; (M) Computer exploitation of a child in the first degree, § 5-27-605(a); (N) Promoting prostitution in the first degree, § 5-70-104; (O) Stalking, § 5-71-229; (P) An attempt, solicitation, or conspiracy to commit any of the offenses enumerated in this subdivision (6); (Q) An adjudication of guilt for an offense of the law of another state, for a federal offense, or for a military offense, which is substantially equivalent to any of the offenses enumerated in this subdivision (6); (R) A violation of any former law of this state that is substantially equivalent to any of the offenses enumerated in this subdivision (6); or (S) Sexual extortion, § 5-14-113; (7) “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or insular possession subject to the jurisdiction of the United States; (8) “Victim” means a victim of a sex offense or an offense against a victim who is a minor and a victim of any violent crime, but does not include a person who is accountable for the crime or a crime arising from the same conduct, criminal episode, or plan and does not include a governmental entity; and (9) “Violent crime” means any felony which resulted in physical injury to the victim, any felony involving the use of a deadly weapon, terroristic threatening in the first degree, § 5-13-301(a), and stalking, as defined in § 5-71-229.