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In re Ryan A.2/12/2002
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The court may consider a verified statement from the victim concerning damages for lost wages, reasonable damages for injury to or loss of property and actual expenses of medical treatment for personal injury , excluding pain and suffering. A.R.S. § 8-344(B) (emphasis added).
Here we need not decide whether the reference to "may consider" is (a) a limitation that allows the trial court to order restitution only for the items identified, or (b) simply a list of examples of items upon which restitution may or may not be based. We do not reach this issue because we determine that the father's loss falls within the scope of "lost wages." We decline to construe the term "lost wages" so narrowly as to preclude restitution for the loss of indirect employment benefits, such as annual leave or vacation time as was the case here. The loss of such benefits is a real economic loss tied to wages earned. Furthermore, the loss resulted directly from the proceedings made necessary by Ryan's criminal conduct. Lindsley, 191 Ariz at 198-199, 953 P.2d 1251-1252.
Thus, restitution for the lost annual leave is permitted by § 8-344(B). As it was necessary here to make the father whole, there was no abuse of discretion by the trial judge in entering such an award.
Conclusion
For the reasons set forth above, we hold that A.R.S. § 13-1202(A)(1), threatening or intimidating, does not require the state to show that the victim of the threat was scared or felt threatened so long as the elements of a "true threat" are established.
We also hold that the Victim's Bill of Rights and related legislation permit both parents of a minor victim to receive restitution for attending the same proceeding. The restitution award may be based on economic losses such as loss of vacation time or annual leave pay.
The proceedings below are affirmed.
DANIEL A. BARKER, Judge
CONCURRING:
JON W. THOMPSON, Presiding Judge
JEFFERSON L. LANKFORD, Judge
Page 1 2 3 4 5 6 Arizona Personal Injury Attorneys
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