Exercise 24

During testimony detailing how he was stalked by the defendant, the victim produces receipts showing auto body repairs completed as a result of damages caused by the defendant. The victim also describes the intense mental anguish he suffered as a result of the stalking. Prior to sentencing, the victim makes a statement to the judge asking that restitution be ordered for the damages to his vehicle, as well as whatever amount the judge would feel appropriate to compensate the victim for the intense mental anguish.

In terms of restitution, which of these sentences is proper?

A. Ordering the defendant to pay the victim restitution in the exact amount detailed in the victim's car repair receipts plus $200 for the pain and suffering.

Answer A is incorrect. Restitution for the car repairs is appropriate given that those types of damages fall within "actual damages" under §31-17-1. The repair receipts produced by the victim provide an adequate evidentiary basis for the award of actual damages, as required under State v. Madril, 105 N.M. 396, 397. However, the $200 restitution for pain and suffering is incorrect as §31-17-1(A)(2) specifically states that pain, suffering and mental anguish are not actual damages for which restitution can be ordered. Please select another answer.

B. Ordering the defendant to pay the victim restitution in the total amount of $500, 98% of which is for the car repairs and the remaining 2 percent is minimal payment for pain and suffering.

Answer B is incorrect. Section 31-17-1(A)(2) specifically states that pain, suffering and mental anguish are not actual damages for which restitution can be ordered. Therefore, even minimal dollar amounts for such restitution are improper. The restitution should be solely for the amount shown in the receipts for the car repairs, given that those are "actual damages" allowed under §31-17-1. Please select another answer.

C. Ordering the defendant to pay the victim restitution in the exact amount detailed in the victim's car repair receipts.

Answer C is correct! The restitution should be solely for the amount shown in the car repair receipts, given that those are "actual damages" allowed under §31-17-1. The repair receipts provide an adequate evidentiary basis for the award of actual damages, as required under State v. Madril, 105 N.M. 396, 397.