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State v. Wadsworth, 2015 UT App 138 (May 29, 2015) 

May 29, 2015

The defendant appealed from a restitution order entered following his conviction for sexual exploitation of a minor. The crimes occurred in 2003 and the defendant was convicted but failed to appear at sentencing in 2005. He was finally apprehended in 2009, after which the district court held a sentencing and restitution hearing. The district court ordered the defendant to pay restitution for the victim’s counseling costs and for the victim’s lost wages. On appeal, the defendant argued that the restitution award to the victim for lost wages was inappropriate because the causal connection between his conduct in 2003 and the victim’s lost wages in 2009 and 2010 is too attenuated and because the lost wages are more appropriately classified as pain and suffering damages, which are not awardable under the restitution statute. The Court of Appeals affirmed the restitution order, holding the causal connection was sufficiently established and that the victim’s lost wages are pecuniary damages recoverable by statute.