What is the test for making restitution to a victim in a sexual assault case?

California, United States of America


The following excerpt is from People v. Seymour, 192 Cal.Rptr.3d 113, 239 Cal.App.4th 1418 (Cal. App. 2015):

Section 1202.4 implements this constitutional provision. It provides, in part: (f) [I]n every case in which a victim has suffered economic loss as a result of the defendant's conduct, the court shall require that the defendant make restitution to the victim or victims in an amount established by court order,.... The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so and states them on the record. (Italics added.) Thus, victim restitution is mandatory. (People v. Kleinman (2004) 123 Cal.App.4th 1476, 14791480, 20 Cal.Rptr.3d 885.)

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