State v. Wadsworth: Complete Restitution if the Offense in Question Results in Bodily Injury

Lost income is available as a component of complete restitution only “if the offense” in question “resulted in bodily injury to a victim.” State v. Wadsworth, 2017 UT 20, ¶ 4.

In this case the Court interpreted the terms of a provision of the Crime Victims Restitution Act, Utah Code section 77-38a-302(5)(b). That provision sets standards for the calculation of “complete restitution.” for victims. It states that “[i]n determining the monetary sum and other conditions for complete restitution, the court shall consider all relevant facts, including” six enumerated categories of economic loss. Utah Code § 77-38a-302(5)(b)(i)–(vi). At issue here was one of the six enumerated categories—subsection 302(5)(b)(iv). That subsection states “the court shall consider ... the income lost by the victim as a result of the offense if the offense resulted in bodily injury to a victim.” Id. § 77-38a-302(5)(b)(iv). The State did not allege that the victim suffered bodily injury as a result of the defendant’s crimes, only that his crimes led to the victim's depression, which required counseling and impacted her ability to work. The Court held that the “if clause expresses a condition.” Thus, lost income is only available to a victim if the offense resulted in bodily injury.