Section 94-03-03-05 - Contributory misconduct and actions affecting awardsThe division shall deny compensation if the claimant's conduct contributed substantially to the incident. To determine whether substantial contributory misconduct exists, the division shall consider all available information, including the claimant's age; the claimant's account of the crime; law enforcement reports; witness statements; medical, laboratory, and toxicology reports; and court transcripts and statements. The conduct of the claimant is deemed to have contributed substantially to the injury if the claimant did one of the following:
1. Initiated, provoked, or prolonged a verbal or physical confrontation with the offender.2. Participated in a voluntary or illegal act casually related to the victim's injuries.3. Acted in a manner that placed the claimant into a situation likely to result in injury.4. Self-inflicted the injuries.5. Knowingly and voluntarily entered into a motor vehicle operated by an individual while under the influence of alcohol or drugs, or both, in violation of North Dakota Century Code section 39-08-01 or equivalent ordinance or in violation of North Dakota Century Code section 39-08-01.2.6. Sought retaliation against the offender.7. Knowingly and voluntarily entered into a physical altercation.8. Was charged with a criminal offense as a result of the criminally injurious conduct.9. Was under the influence of an alcoholic beverage or controlled substance, or both, and the division determines the victim's intoxication on account of alcoholic beverages, controlled substances, or both, were a factor contributing to the criminally injurious conduct.10. Contributory misconduct does not include victims of human trafficking as defined in North Dakota Century Code chapter 12.1-41.N.D. Admin Code 94-03-03-05
Adopted by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.General Authority: NDCC 54-23.4-04
Law Implemented: NDCC 12.1-41, 54-23.4-06, 54-23.4-12