State v. Ogden, 2018 UT 8 (Feb. 27, 2018).

Feb 27, 2018

After the criminal defendant pled guilty to two counts of aggravaAll Poststed sexual abuse of a child, the district court entered orders for complete and court-ordered restitution for, among other things, the anticipated cost of mental health treatment for the remainder of the victim’s life.  The defendant appealed these orders.  In evaluating this appeal, the Utah Supreme Court addressed, as a matter of first impression, the level of causation required by the Crime Victims Restitution Act.  It held that the Act requires a district court to include in its complete restitution determination the losses that a defendant proximately causes.  Because the district court applied a different causation standard, the Court remanded for further proceedings.  In doing so, it further instructed that a restitution calculation cannot be based on speculative evidence of losses a victim has incurred or is likely to incur.