State v. Riggs
Annotate this CasePursuant to a plea agreement, Defendant pleaded guilty to terroristic threats. The victim filed a request for restitution, including the cost of hiring an employee to help the victim perform his job while his injuries healed. The district court concluded that the language of Minn. Stat. 611A.045(1) does not prohibit consideration of the victim’s fault and thus awarded the victim only half of the employment-related expenses that he sought because the victim was the initial aggressor. The court of appeals reversed and remanded with instructions to the district court to consider only the factors identified in section 611A.045(1) when determining the amount of restitution. The Supreme Court affirmed, holding that a victim’s role as an initial aggressor may not be considered when determining the amount of restitution to award for economic loss sustained by the victim as a result of the offense.
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